MOGA Logistics worker misclassification, wage violations $275K class action settlement

MOGA Logistics agreed to pay $275,000 to resolve claims it violated California wage law by failing to pay truckers their proper wages.

The settlement benefits individuals who were employed by MOGA Logistics as a trucker between Dec. 4, 2015, and Dec. 4, 2019.

MOGA Logistics is a transportation company that operates in the northern Bay Area of California. The company’s truckers haul sand, gravel and construction waste around the region.

However, according to legal action against the company, MOGA Logistics takes advantage of its truck drivers with wage law violations.

According to the wage-and-hour class action lawsuit, MOGA Logistics violated several California laws. Specifically, the company allegedly misclassified its drivers as independent contractors. The truckers say that they should be considered employees and entitled to the employee protections under California law. 

As a result of this misclassification, MOGA Logistics allegedly failed to pay truckers timely wages, overtime wages, minimum wage, and other types of compensation. The plaintiffs say the company also failed to provide them with rest breaks, meal breaks and other employee benefits.

The truckers took legal action under California labor law and the California Private Attorneys General Act (PAGA), which allows workers to sue for wage violations on behalf of California labor authorities.

MOGA Logistics hasn’t admitted any wrongdoing but agreed to pay $275,000 to resolve these allegations. 

This amount will be made in three installments, the first on July 5, 2022, the second on Sept. 1, 2022, and the third on Dec. 30, 2022.

Under the terms of the settlement, class members can collect a cash payment based on the wages they were paid during the class period. 

Payment amounts will vary widely depending on each class member’s situation. These payments will be considered 25% wages and 75% penalties and interest. 

Although the payments will result in tax forms, tax help is not included in the settlement. Class members will have to consult with an accountant or other tax professional regarding the tax consequences of these payments.

The settlement also funds penalties of around $12,500 to the Labor & Workforce Development Agency under PAGA. The settlement also puts aside $3,125 to be distributed among certain class members eligible for PAGA relief.

The deadline for exclusion and objection is June 27, 2022. 

The final approval hearing for the settlement is scheduled for July 6, 2022. Class members do not have to attend this hearing, but have the opportunity to do so and speak to the court about the settlement deal.

No claim form is required to benefit from the MOGA Logistics settlement. 

Class Members who do not exclude themselves from the deal will automatically receive their share of the settlement fund through the mail. However, class members are advised to confirm their current mailing address with the settlement administrator to make sure they receive their payment.

Who’s Eligible

The settlement benefits individuals who were employed by MOGA Logistics as a trucker between Dec. 4, 2015, and Dec. 4, 2019.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Exclusion and Objection Deadline

06/27/2022

Case Name

ROBERT L. BURTON, JR., et al. v. MOGA LOGISTICS INC. and HARWINDER SINGH, Case No. SCV-265985, in the Superior Court of the State of California, County of Sonoma

Final Hearing

Final Hearing Text

Settlement Website

MOGALogisticsSettlement.com

Claims Administrator

Burton et al v MOGA Logistics Settlement
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
MOGALogisticsSettlement@atticusadmin.com
888-207-0052

Class Counsel

Sarah S Wright
THE WRIGHT LAW OFFICE

Houman Chitsaz
NARDELL CHITSAZ & ASSOCIATES LLP

Defense Counsel

Shane K Anderies Esq
ANDERIES & GOMES LLP