By Joanna Szabo  |  November 24, 2017

Category: Labor & Employment

long haul truckers misclassification contractor truck driverIf you work for a long haul trucking company, you may have been misclassified as an independent contractor instead of an actual employee, which prevents you from getting full employee benefits including wages and breaks.

In fact, more and more workers in long haul trucking have been coming forward with allegations of misclassification and denied benefits in recent years. Truckers claim that, based on the work they do and the regulations they adhere to, they should properly be classified as employees.

Instead, they allege, they are misclassified as independent contractors so that the company doesn’t have to pay the wage and hour benefits guaranteed to employees. Long haul trucking workers may even be denied minimum wage for the work they do, or proper meal and rest breaks.

Workers in the long haul trucking business often have far less control over their work than is typical for a real independent contractor. For instance, the trucking company may have control of your work hours, control your schedule and load assignments, control mileage rates, supervise and direct your work, track your location, and more.

This supervision and control over nearly every facet of the work day indicate that the truckers lack the sort of control that independent contractors are generally given. Usually, independent contractors have some control over when and how their work is done, but some long haul trucking workers claim that this is far from true for them.

Misclassifying long haul trucking workers can mean the worker is left to pay significant fees and expenses as well. These can include

  • Purchase or lease of the truck itself
  • Fuel
  • Fuel taxes
  • Insurance
  • Licensing fees
  • Equipment maintenance
  • Others

On top of these upfront expenses, misclassification of workers also allows a company to avoid paying minimum wage, overtime pay, workplace law protections, health insurance benefits, insurance, and social security costs. Workers improperly classified in this manner may feel like they have no option but to accept these circumstances. Drivers in this position may be able to pursue a misclassification lawsuit.

Filing A Lawsuit Over Long Haul Trucking Worker Misclassification

Similar misclassification lawsuits have been filed against other companies by nail salon workers, Uber drivers, and many others. Uber, a popular ride-hailing service, has faced numerous lawsuits over the misclassification of its drivers. One such lawsuit was settled for a whopping $100 million.

Long haul trucking companies are facing more and more class action litigation over the misclassification of truck drivers. These lawsuits allege that in doing so, they violate the Federal Labor Standards Act (FLSA), as well as applicable state labor laws.

If you have worked as a driver for a long haul trucking company that you believe misclassified you as an independent contractor, you may be able to file an individual lawsuit or join a wage and hour class action lawsuit. Filing a lawsuit can help you recover wages that would be owed to you as an employee.

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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