Independent Truck Contractor Lawsuits Plague Trucking Companies

Trucking companies all over the county are facing class action lawsuits for misclassifying long-haul drivers as an independent truck contractor instead of an employee.

This is certainly not a trend that is unique to this industry. Many businesses are attempting to pass on their costs to workers and eliminate the “sticker shock” of offering traditional benefits by identifying various laborers for their company as independent contractors.

In the trucking industry, however, being classified as an independent truck contractor doesn’t necessary make you one. There must be certain characteristics to the relationship between the company and the driver to make such a classification hold legal “water.”

The California Labor Commissioner has established certain criteria to measure whether an independent truck contractor is truly independent or more of an employee by nature of the relationship to the company. The most important criteria among them centers around the question of control.

Does the trucking company control most aspects of the long-haul driver’s working life such as setting his or her schedule, setting appointments for pickup and delivery of goods, and establish preferred non-negotiable routes?

Does the company give instructions on how they want deliveries done and do they monitor location and progress by a GPS? These characteristics suggest more control is in the company’s hands, and they outline what should be an employer-employee relationship.

An independent truck contractor essentially is their own employer and for-profit business. Toward the aim of securing profit, they can hire others to get the job done. Another possible indicator of misclassification is when a trucking company stipulates that the driver cannot hire out runs or have a truck passenger to share driving duties with if desired.

Also, as it is their own business, the independent truck contractor should hold all necessary licenses in his or her name and should presumably be able to haul for other companies as he or she pleases. Choice of route would presumably be in the driver’s hands, and supervisory responsibility would lie with the drivers themselves and not with principal players in the trucking company.

Equipment Needed for the Job and Misclassification

As part of the trend toward general misclassification in the workforce, frequently companies attempt to control many aspects of the materials needed to do the job. In the case of the independent truck contractor, the driver would be expected to have, lease, or purchase their own truck as a business expense. The driver, at least in theory, should have complete and total control over all aspects of that property like anything else they own such as choosing where to have maintenance done and where to park it.

What often happens, however, is that trucking companies dictate where and how the long-haul driver must have their truck maintained. All maintenance must be done where the company indicates, while it passes on all costs to the driver.

Are you a long-haul independent truck driver that operates under conditions that are more representative of an employer-employee relationship? You may be able to join a class action inveatigation. You may qualify for a free consultation with an employment law attorney, to find out if you have a legal claim.

Join a Free Long Haul Trucker Misclassification Class Action Lawsuit Investigation

If you are a long haul truck driver who has been misclassified as an independent contractor, you may be entitled to compensation.

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