Truckers’ Employee Misclassification Class Action Settles for $5 Million

A class action settlement recently received preliminary approval in a lawsuit against trucking company QTS for $5 million.

The class action lawsuit alleged that QTS has engaged in employee misclassification of ports-haulers for the company as independent contractors instead of employees of the company.

QTS is currently in bankruptcy proceedings, and additional court approval from the bankruptcy court will be required in the case before final approval of the settlement is issued.

Los Angeles Superior Court Judge Elihu M. Berle was pleased that the parties reached a settlement and complemented both sides for working together to secure a substantial $8000 award for around 400 class members.

The QTS employee misclassification class action lawsuit was originally filed in 2013 claiming the trucking company and several related companies sidestepped California wage and hour laws by classifying drivers as independent contractors.

In doing so, the companies ended up paying less than minimum wage, neglected to provide drivers meal and rest breaks, and failed to reimburse the drivers for work expenses, among other actions.

The settlement ended up including similar lawsuits as well.

The lead plaintiff in the employee misclassification class action lawsuit, Samuel Talavera Jr., claims that QTS directed and controlled his actions; in his position, he was solely responsible for responding to dispatches.

Talavera said he was also required to work up to 20 hours a day four days a week and was expected to work double shifts. He says QTS’s “willful” employee misclassification of workers as independent contractors caused him not to be properly paid for all of the hours he worked.

While the employee misclassification class action lawsuit was in litigation, QTS filed for bankruptcy. Judge Berle said the final approval of the settlement would be subject to the approval of the bankruptcy court and that it would proceed.

The $5 million settlement includes 25 percent for class counsel and service awards for class representatives of up to $9000 for 12 plaintiffs.

The class includes all QTS workers who worked at least one week for the company or affiliated companies, Win Win Logistics or LACA Express Inc., during February 22, 2009 to March 1, 2016.

A subclass of drivers who allege they were subject to retaliation by QTS for their refusal to sign documents to waive their legal rights after the employee misclassification lawsuit was filed is also included.

Filing an Employee Misclassification Lawsuit in California

If you are currently classified as an independent contractor but you believe your relationship with your employer more closely resembles that of an employee, you may be able to take legal action against your employer.

Plaintiffs who have prevailed in employee misclassification lawsuits have been successful in restoring their lost income from working overtime hours, missing meal and rest breaks, unreimbursed work expenses and more.

A California labor law attorney can review your case at no charge and can let you know your legal options if you qualify.

The Employee Misclassification Class Action Lawsuit is Samuel Talavera  v. QTS et al., Case No. BC501571, in the Superior Court of the State of California, County of Los Angeles.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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