Long Haul Truckers Allege Wrongful Employment Misclassification

Long haul truckers have to face grueling hours and tight delivery schedules, so it is important for their employers to follow federal labor laws when paying them.

This also means treating qualifying long haul truckers as employees rather than independent contractors. Employee classification entitles drivers to proper meal breaks, rest periods, and overtime wages. Employers who fail to provide these benefits when they are warranted could face potential legal repercussions.

Several trucking companies have been accused of federal labor law violations after allegedly misclassifying their long haul truckers as independent contractors and exempt from employee legal protections.

These trucking companies have been allegedly misclassifying long haul truckers in order to cut down on labor costs and to push off business expenses onto the drivers. As independent contractors, long haul truckers bear responsibility for any work-related expenses and cannot expect compensation from the companies they drive for.

These expenses can eat up a significant portions of the drivers’ income, while they are still being expected to meet deadlines and conduct themselves according to company standards.

The expenses long haul truckers can face while on the job may include:

• Purchase or Lease of Truck
• Fuel Refills
• Fuel Taxes
• Auto Insurance
• Licensing Fees
• Truck Maintenance

With all these expenses accounted for, and in light of the long hours worked, compensation for long haul truckers may fall below the federal minimum wage.

Given how many protections and provisions federal law provides, many long haul truckers have filed legal action to claim unpaid wages based on allegations of deliberate employee misclassification.

Overview of Employee and Independent Contractor Differences

Whether a worker is an employee or an independent contractor depends in large part on how much control the worker would have while on the job and how much of their schedule will be dictated by the company. The company’s designation of that worker as an independent contractor doesn’t necessarily make them so.

Employees should be aware of considerations under the FLSA (Fair Labor Standards Act) that are used to determine whether they are contractors or employees. Long haul truckers looking to determine if they are being misclassified as independent contractors should consider the following aspects of their relationship with their companies:

• Company sets hours the employee works and controls the schedule
• Company controls work or load assignments
• Company controls mileage rates
• Company dictates how the employee conducts themselves while on job
• Company uses GPS system to track employee’s location
• Company limits the employee’s ability to work for other trucking companies
• Company prohibits employee from getting help from other employees for work related duties

Generally, independent contractors are mostly free in their schedule and are paid to get their work done by a certain deadline. Due to the amount of control the freight companies have, long haul truckers may not be exempt from minimum wage benefits.

According to the National Employment Law Project, there have reports of trucking companies allegedly misclassifying their long haul truckers as independent contractors when they should be nonexempt employees.

Long haul truckers who believe they have been misclassified as independent contractors may be able to file legal action against the trucking companies.

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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