Long-Haul Truck Driver Lawsuits Allege Misclassification as Independent Contractors

Long-haul truck driver class action lawsuits are being filed against trucking companies for allegedly misclassifying their truck drivers as independent contractors. The distinction between employees and independent contractors is important, and just because a company has classified an individual as an independent contractor does not mean that they truly are one.

By misclassifying truck drivers as independent contractors, trucking companies can reap tremendous benefits. They can still maintain control over a truck driver’s schedule and how they perform their tasks while passing on costly expenses and expenditures to long-haul truck drivers.

Some of the expenses truck drivers must endure when classified as an independent contractor include maintenance of equipment, insurance, fuel, fuel taxes, licensing fees, and the lease or purchase of the truck.

What Classifies a Long-Haul Truck Driver as an Employee or Independent Contractor?

According to the Internal Revenue Service (IRS), there are three general criteria that determine the classification of a worker, or long-haul truck driver, as an employee or independent contractor. The general criteria include behavioral control, financial control, and the type of relationship between the parties.

The test for behavioral control considers whether an employer directs an employee’s work, trains an employee, coordinates the specific tasks to be done, and directs the hours of work. If an employer maintains that sort of behavior control, the worker may be considered an employee. Long-haul truck drivers who work for a trucking company that controls their load assignments, schedule, mileage rates, and the performance of tasks, should arguably be classified as an employee.

The second test is financial control. Under this test, an employee is defined as one who is restricted to work for others and does not take part in company losses or profit. The third test looks at the type of relationship between the parties–if a long-haul truck driver, for example, is entitled to benefits that would signify an employment relationship.

When a Long-Haul Truck Driver is Not Treated as an Employee

While trucking companies may receive monetary savings from misclassifying long-haul truck drivers as independent contractors, truck drivers miss out on several protections and benefits. Some of these losses include health insurance benefits, unemployment insurance, the employer’s share of payroll taxes, reimbursement for work-related expenses, fair and legal wages, workplace law protections and workers’ compensation.

The misclassification of workers as independent contractors, according to the National Employment Law Project (NELP), has increased throughout the years.  NELP maintains that misclassification rates are disproportionately higher in specific industries. These industries include trucking, janitorial, real-estate, construction, and hi-tech jobs.

According to NELP, truckers and delivery drivers have experienced widespread abuse. They state that “sixteen states have negotiated with FedEx to end the delivery company’s practice of misclassifying its drivers as independent contractors.”

Class Action Lawsuits Filed by Long-Haul Truck Drivers

Truck drivers misclassified as independent contractors are filing class action lawsuits alleging trucking companies violated state labor laws and the Fair Labor Standards Act (FLSA).

With trucking companies reaping benefits by misclassifying its truck drivers as independent contractors, long-haul truck drivers are left to bear several hefty costs. As a result, long-haul truck drivers may not even be paid minimum wage.

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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