Classification of XPO Independent Contractor Truck Drivers Led to Strike

Just a few months ago in June, truck drivers from XPO Logistics participated in an “Unfair Labor Practice” strike in order to protest their employment classification as an XPO independent contractor. The strike was organized in order to protest “unfair labor practices, including misclassification and retaliation, harassment and intimidation” after a number of truck drivers filed claims for wage theft, the Teamsters Court Division group stated.

The strike took place in the largest port complex in America at the twin ports of Long Beach and Los Angeles as well as at XPO facilities in San Diego, Rancho Domingue and Commerce, Calif.

The XPO independent contractor truck drivers have engaged in a number of actions in order to fight against their alleged employee misclassification. The drivers all believe that they should be classified as employees of XPO Logisitics, as their duties and requirements are largely under the control of the supervisors at XPO.

According to the Justice for Port Drivers website,  these drivers have collectively and individually made claims with the California Department of Labor Standards Enforcement, where at least 875 claims have been filed. In at least 376 of the cases, it was determined that truck drivers classified as a XPO independent contractor were actually misclassified, and more than $40 million was owed by the company for unpaid wages and penalties related to the claims.

Approximately 350 of the cases are estimated to have been settled prior to the hearing, while there are still another 150 pending claims are awaiting hearings. More than 30 lawsuits have been privately filed by employees, and numerous claims are going after labor code violations in their litigation.

XPO Independent Contractor Misclassification Claims

Individuals who have taken legal action against XPO Logistics have stated that the company exerted a lot of control over the drivers, much as an employer would. In looking at employee misclassification claims, the control and employer has over an employee versus independent contractor is one of the main ways the courts and other agencies determine employee classification.

Individuals filing these lawsuits stated that the company has provided a truck with company branding, the drivers are unable to take their trucks to other companies to perform work for those companies, the drivers are expected to pay for fuel, truck maintenance, vehicle repairs and more. These drivers do not get paid for overtime work, workers compensation, disability insurance or other benefits.

Thus far, even though the California Labor Commission and various courts have ruled that truck drivers have been misclassified as an XPO independent contractor, current truck drivers say that this has not been enough to change the classification of other truck drivers across the board, and these misclassification problems continue to exist.

Are You Misclassified as an XPO Independent Contractor?

If you are a driver for XPO Logistics in California, Illinois or New Mexico, you may be eligible to take legal action against XPO in order to claim lost wages and other benefits that could have been afforded to you as a company employee. If you qualify, lawyers familiar with the claims surrounding those classified as an XPO independent contractor can provide you with a free case review and consultation to discuss your eligibility for taking legal action.

Join a Free XPO Delivery Drivers Class Action Lawsuit Investigation

If you work as an XPO Logistics delivery driver in California, Illinois, or New Mexico as an independent contractor, you may be entitled to compensation.

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