Kim Gale  |  September 26, 2016

Category: Labor & Employment

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Delivery Driver CA MisclassificationAt least one delivery driver for Red Line Courier has filed a lawsuit, alleging delivery drivers for Red Line Courier are not independent contractors, but employees of the California courier company.

Courier companies such as Red Line Courier and others are often hired by third parties such as Amazon and FedEx to ensure on-time same-day deliveries.

Delivery drivers for Red Line Courier and companies like it allege that they are being misclassified as independent contractors in order for the companies to skirt labor laws.

California’s 11-Question Test

An “economic realities” test was adopted by the California Supreme Court in S. G. Borello & Sons, Inc. v. Department of Industrial Relations. The decision allowed the state’s Labor Commission to establish an eleven-factor test for determining whether a worker is an employee or independent contractor:

  • Is the worker engaged in an occupation separate and distinct from that of the principal?
  • Is the work part of the regular business operations of the principal?
  • Who provides the tools and equipment for completing the work?
  • Has the worker invested in any equipment or materials to perform the work?
  • Does the work require a special skill?
  • Does the work require direction or supervision by the principal?
  • Does the worker have an opportunity for profit or loss in the business?
  • How long are the services to be performed?
  • How permanent is the business relationship?
  • Is the worker paid by the hour or by job?
  • Do the parties believe that they have created an employment relationship? (Note that this factor is not determinative.)

This test must be applied to every worker individually and not to an entire group of workers.

Delivery Drivers for Red Line Courier

Because most courier delivery companies place their drivers under the independent contractor status, the drivers are not paid overtime or other minimum wage benefits.

Drivers who work long hours driving their own vehicles are not compensated for their expenses.

According to Red Line Courier’s website, the couriers deliver 100 to 180 packages a day to homes, businesses and apartments. The driver must be able to lift 50 pounds and be able to enter and exit a vehicle more than 300 times a day.

When a driver arrives at her scheduled time in the morning, she receives a handheld scanner from a dispatcher. The driver scans each package as she loads it in her vehicle and a manager inspects the vehicle prior upon loading. After finishing a 10-hour shift, the driver checks in with a manager to receive an “all clear” to return to the warehouse for a “debriefing.”

According to plaintiff Charlton Fields, a former delivery driver for Red Line Courier, this is a violation of federal labor laws. He believes delivery drivers for Red Line Courier should be classified as non-exempt employees to obtain overtime pay, meal breaks, workers’ compensation insurance, unemployment insurance and reimbursement for out of pocket expenses.

If you worked as a delivery driver for a courier service in California, you may be eligible to participate in an employee rights lawsuit.

Join a Free California Delivery Driver Class Action Lawsuit Investigation

If you were denied minimum wage, overtime and breaks as a delivery driver in California, you have rights – and you may be entitled to compensation.

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Join a Free California Delivery Driver Class Action Lawsuit Investigation

If you were denied overtime, breaks, or minimum wage by your employer in California as a delivery driver, you may have a legal claim. Fill out the form below for more information.

An attorney will contact you if you qualify to discuss the details of your potential case.

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