A New York worker has filed a XPO driver misclassification lawsuit against the companies he performs delivery work through and for, claiming that his work is that of an employee rather than simply a contractor for XPO. As such, he claims, this misclassification denies him certain important benefits that are granted to employees but not contractors.
The plaintiff, Victor R., filed his XPO driver misclassification lawsuit on August 11 against XPO Logistics and Sears. According to the lawsuit, Victor did delivery work for Sears and XPO Logistics, and he was classified as an independent contractor instead of an employee. However, Victor claims he actually should have been classified as an employee and paid proper wages.
According to the XPO driver misclassification lawsuit, Victor’s role was that of an employee. For instance, he would report directly to Sears six or seven days a week at a specific time, attended meetings with XPO and Sears, had specific loading requirements such as the order of deliveries and a certain window in which to make them, wore uniforms with the Sears logo or the XPO logo, and more.
Victor notes in his XPO driver misclassification lawsuit that one of the main signs that he and others like him are actually employees is that they are “entirely dependent” on Sears and XPO for their work, and do not work for anyone else while working for XPO and Sears full-time.
However, Victor notes that despite his employee duties, he was considered a contractor and denied the benefits an employee receives.
Victor filed his XPO driver misclassification lawsuit not only for himself, but also on behalf of all other workers similarly situated. The proposed Class Members consist of those classified as independent contractors who have “performed delivery services” for XPO and Sears within New York State in the six years leading up to this lawsuit.
The XPO driver misclassification lawsuit was filed on multiple counts, including unlawful wage deductions illegal kickback of wages, record-keeping requirement violation, and unjust enrichment.
Filing a Driver Misclassification Lawsuit
Lawsuits like this XPO driver misclassification lawsuit have grown increasingly widespread in the last few years. Several high-profile cases have surfaced, including some filed by exotic dancers, nail salon workers, and Uber drivers.
Similar misclassification lawsuits have been filed against other major companies. Uber, a popular ride-hailing service, has faced numerous lawsuits over the misclassification of its drivers. One Uber wage and hour class action lawsuit was settled for $100 million. These plaintiffs claimed that their misclassification led to lack of overtime pay, tips, and expense reimbursement.
If you have worked as a delivery driver for a company you believe misclassified you as an independent contractor, such as XPO Logistics or Sears, you may be able to file an individual lawsuit or join a wage and hour class action lawsuit for compensation. Filing a lawsuit can help you recover wages that would be owed to you as an employee.
The XPO Driver Misclassification Lawsuit is Case No. 2:17-cv-04719, in the U.S. District Court for the Eastern District of New York.
Join a Free XPO Delivery Drivers Class Action Lawsuit Investigation
If you work as an XPO Logistics delivery driver as an independent contractor, you may be entitled to compensation.
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