XPO Unit Agrees to $5.5 Million Trucker Overtime Settlement

One of the world’s largest transportation and logistics services has agreed to pay $5.5 million to settle a trucker overtime lawsuit filed by a group of drivers who alleged that the company violated a slew of California labor laws.

In the wage and hour lawsuit, current and former drivers and helpers of XPO Last Mile, a unit of XPO Logistics, alleged that the company failed to provide the workers proper wages, including overtime, meal and rest breaks.

The class action trucker overtime settlement includes thousands of class members—1,981 drivers and 1,791 helpers. The settlement calls for each class member to receive $931. Settling the case is the workers’ best option, the plaintiffs said, since pursuing the matter in court may have called into question whether the truckers’ employment status was misclassified.

XPO Last Mile claims that the drivers and helpers are not their employees, but rather the employees of their respective contract carrier partners, who control hiring, firing, schedules, and pay. At the very most, the company said, it should be considered a co-employer with the other carriers.

While the drivers maintain that the amount of control XPO Last Mile has over their workdays makes it their lawful employer, they decided that settling the case was their safest bet.

“Although plaintiff is confident the common questions that would be framed for certification would avoid these problems, these variances could cast doubt on whether class treatment is appropriate and therefore had to be factored for purposes of exploring classwide settlement,” noted the drivers.

In 2016, plaintiff Kevin K, filed a complaint in California state court. The trucker overtime lawsuit was later consolidated with a proposed class action lawsuit filed by another driver, Hector I. Initial attempts to reach a settlement failed, but the plaintiffs recently asked a California federal judge to sign off on the deal, accepting that the settlement was their best option.

Filing a Trucker Overtime Lawsuit

If you currently work or have worked as a truck driver, and you have been affected by wage and hour violations such as failure to pay minimum wage or overtime or provide proper breaks, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can not only help compensate you for what you’re owed, but can hold those responsible accountable for their actions.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting a lawyer can help determine if you have a claim as well as navigate the complexities of litigation, and maximize your potential compensation.

The Trucker Overtime Lawsuit is Case No. 3:16-cv-07039, in the U.S. District Court for the Northern District of California.

Join a Free Trucker Overtime Class Action Lawsuit Investigation

If you have worked as a contract truck driver and believe your carrier has failed to pay you minimum wage or overtime, or otherwise might not have honored a contract with you, you may qualify to file a truck driver lawsuit or class action lawsuit.

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