XPO Logistics Drivers Awarded over $800,000 in Missing Wages

The California Labor Commissioner has recently ordered that XPO Logistics drivers will be awarded $855,285.62 in missing wages compensation. According to the administrative wage and hour claim, the award amount will be given to four port and rail XPO Logistics drivers with an average of $213,821 per driver.

The XPO Logistics drivers involved in this wage and hour claim allege they were wrongfully classified as independent contractors, when they were actually non-exempt employees. These XPO Logistics drivers are joining hundreds of other drivers who were also allegedly misclassified and are seeking justice and compensation for their missed wages.

The award included compensation for “nonproductive time” duties including: inspecting the truck, waiting for dispatch, or scanning paperwork at the end of the workday. Each of the four XPO Logistics drivers was awarded $38,000 in unpaid wages and liquidated damages for the same amount, making the approximate total of $76,000.

This award also included work related pay deductions, meal breaks, rest periods, and interest. The “nonproductive time” awards became applicable damages under a California law that requires employers to compensate employees paid piece rate for nonproductive duties.

Overview of XPO Logistics Driver Lawsuit

XPO driver Jose Herrera, who has driven for the company for seven years, was awarded $279,415.83 for alleged illegal pay deductions.

Herrara recently spoke out regarding the company’s work environment and poor social recorded at a webinar, organized by the Committee on Worker’s Capital (CWC) and addressed to XPO investors.

The shareholder proposal asked XPO Logistics to disclose its policies and practices regarding sustainability, so that stakeholders would have a comprehensive understanding of the company’s human capital management risks and challenges. XPO has appealed other awards, which were then upheld on appeal.

The company is currently trying to argue there was insufficient evidence to prove the divers qualified as non exempt employees, and that they are independent contractors with the appeal process pending.

Since 2011 XPO Logistics drivers have filed over 800 claims with the California Division of Labor Standards Enforcement (DLSE), with the agency finding 300 of these claims were viable and that XPO Logistics drivers were employees. In total, there has been $36 million awarded to compensate XPO Logistics drivers in missing wages and penalties.

There are approximately 200 other wage and hour pending claims awaiting further litigation. XPO Logistics drivers and other companies also have to fight for other minimum wage rights, such as workers’ compensation and disability benefits. Full time non exempt employees are entitled to an hourly minimum wage rate and overtime rates, along with other compensation.

The award amounts are especially high in California because it is illegal to deduct work related expenses such as cost of gas, car insurance, lease payments, and other expenses independent contractors would normally be responsible for.

XPO Logistics drivers who may have been wrongfully misclassified as independent contractors may be able to file legal action against the company. Potential claimants should contact a lawyer to determine eligibility.

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If you work as an XPO Logistics delivery driver as an independent contractor, you may be entitled to compensation.

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