By Tamara Burns  |  November 3, 2017

Category: Labor & Employment

long haul truckers misclassified contractors truck driversA recent lawsuit filed in Illinois federal court that Mnalan Trucking Corp. has its long-haul truckers misclassified as independent contractors when they should be considered employees of the company.

Plaintiff Konrad S. is a covered employee under the Fair Labor Standards Act (FLSA), according to his claim. Konrad states in his complaint that he was employed by the trucking company in December 2016 as an independent contractor.

Allegations Stating Long-Haul Truckers Misclassified by Mnalan Trucking

Konrad goes on to state facts that he believes make him an employee and not a contractor. The truck he drove was provided by Mnalan, and the company performed maintenance on the trucks. He states that Mnalan set his schedule and that he worked five or six days per week. All of the pickup and delivery of Konrad’s loads were scheduled by Mnalan. The company also instructed him on how to deliver the loads, and he was prohibited from taking loads from other companies.

The plaintiff states that his truck was monitored by GPS and he was prohibited from having passengers in his truck. He was also prohibited from hiring others to drive the routes for him. The lawsuit states that Konrad’s supervisor “exercised operational control over Defendant Mnalan and Plaintiff by setting schedules, directing loads and routes, monitoring trucks, and setting rules for Plaintiff and other drivers.”

In addition to stating that he was one of the long-haul truckers misclassified by Mnalan, he alleges his supervisor, who is also president and owner of Mnalan, controlled work schedules and conditions of employment, determine the rate and method of payment for Konrad and other drivers, which for Konrad was $20 per hour. Konrad states that he worked 74.25 hours between Dec. 8, 2016 and Dec. 31, 2016 and was not paid his $1485 that was due to him.

As a result of Mnalan allegedly having long-haul truckers misclassified as independent contractors, Konrad has brought forth two allegations against the trucking company. Konrad alleges that Mnalan violated the Fair Labor Standards Act by failing to pay minimum wages and by not paying any wages at all.

Additionally, Konrad alleges that Mnalan violated the Illinois Wage Payment and Collection Act, which requires that “[e]very employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case greater than the next regularly scheduled payday for such employee.”

Konrad is seeking actual damages for unpaid wages in the amount of $1485, liquidated damages in the amount of $538.31 under the FLSA, statutory penalties as allowed by under the IWPCA, attorneys’ fees and costs, and any additional relief deemed just and proper.

The Long-Haul Truckers Misclassification Lawsuit is Case No. 1:17-cv-07380, in the U.S. District Court for the Northern District of Illinois.

Does The Company You Work for Have Long-Haul Truckers Misclassified?

The company you work for may have long-haul truckers misclassified as independent contractors when they should be classified as employees and entitled to related benefits. If you believe your company has misclassified you, denying you wages, worker’s comp, disability insurance, health insurance and more, a free consultation with an attorney could help to get you the compensation you deserve.

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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