Joanna Szabo  |  May 2, 2018

Category: Labor & Employment

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Driver in truck driver misclassification lawsuitA major truck driver misclassification lawsuit is set to end after the trucking companies involved agreed to pay $9.2 million to a group of hundreds of California truck drivers.

The truck driver misclassification lawsuit was filed against a number of trucking companies: Roadrunner Intermodal Services, Central Cal Transportation, and Morgan Southern. The lawsuit alleges that these companies misclassified their truck drivers as independent contractors when they really should be considered employees, thus denying them a number of benefits like overtime, minimum wage, and more.

Indeed, according to the truck driver misclassification lawsuit, these drivers were allegedly not provided with proper wages, business expenses, meal and rest breaks, and wage documentation. The drivers’ lawsuit claims that this failure violates both state and federal labor laws.

“While the amount in controversy may well be in excess of $77 million, the simple fact is that there is no guarantee that class would recover even close to this amount if these actions proceed to certification and trial and importantly, here, no guarantee that defendants would be able to pay even close to that amount in light of the revelation about their current financial circumstance,” the drivers said.

The alleged truck driver misclassification affects around 796 California truck drivers who worked for these companies from between February 2011 and the date of the settlement agreement. Each driver included in the Cass will receive an average of $7,355 from the $9.2 million total payout if it is approved—what amounts to around $140 per eligible work week.

“It is our hope that the resolution of this case will provide some relief for the drivers who have endured lost wages, various labor code violations, and unfair business practices,” a plaintiff attorney told Law360.

California Wage and Hour Regulations

There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country may not know the protections that the Fair Labor Standards Act (FLSA) and state law offer, which can lead to companies taking advantage of them.

In some cases, workers are misclassified as independent contractors rather than employees, despite the requirements for their work aligning with those of employees. Misclassification like this can deny workers their proper wage and hour benefits.

Some workers may find themselves unable to file wage and hour complaints like this lawsuit because they are not aware of federal and state labor rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of labor violations. To protect workers who help to enforce rules, laws also exist to protect workers from discrimination based on wage and hour complaints.

Pursuing a Truck Driver Misclassification Settlement

If you have worked for a company that may have misclassified you as an independent contractor rather than an employee, or otherwise broke federal or state labor laws, you may be able to pursue litigation. Filing a lawsuit can help make up for lost wages, labor code violations, and unfair practices.

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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2 thoughts onTruck Driver Misclassification Lawsuit Ends in $9.2M Settlement

  1. Mary Mason says:

    The same thingvhappened to me driving for George Nicholson Trucking 2026-2017. Contacted labor board thru online reporting a few times Never responded. Also MSHA suspended me for training issues, no fault of my own, and told I would receive full wage pay until I was given that training. Next day I was out of a job and received no trying not wages. No one there seems to want to help me either. Very disgusted. Someone out there that is willing to help me? No lawyers here can help. All say conflict of interest. And I’m a female to top it off! Masonmary69@gmail.com.

  2. Julio C Munoz says:

    I was an owner operator for this company during that time period. How do I get any more info on this settlement?

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