Settlement Structure: Claims Made
Active: Open
Case Summary:This settlement resolves a class action alleging that TForce Final Mile West, LLC and Dynamex Operations West, Inc. misclassified their drivers as independent contractors when they should have been considered employees. The complaint alleged that, as independent contractors, the drivers did not get employee rights and benefits, such as minimum wage and overtime pay, off-duty rest and meal breaks or compensation for missed breaks, reimbursement of expenses, and itemized wage statements.
Docket Number:19-cv-04390JAK(AGRx)
Company: TForce Final Mile West, LLC
Filing Deadline: January 1, 2100
Class Period: February 15, 2015 to November 15, 2022
Objection Deadline: March 20, 2023
Exclusion Deadline: February 18, 2023
Final Approval Hearing: April 3, 2023
Proof of Purchase:You do not need to provide documentation if you agree with the number of workweeks calculated for you. If you wish to dispute the number, you should provide documentation.
Eligibility:You may be eligible if you did all of the following:
- Signed an Independent Contractor or Owner Operator Agreement with Dynamex Operations West, Inc., TForce Final Mile West, LLC, TForce Logistics West, LLC, BeavEx, Inc., JNJW Enterprises, Inc., Velocity Express Leasing, Inc., or Velocity Express, LLC, or signed an Owner Operator Agreement with Subcontracting Concepts CT, LLC (SCI) after December 31, 2019,
- Were based in California,
- Personally performed at least one delivery in California through Dynamex Operations West, Inc., TForce Final Mile West, LLC, or TForce Logistics West, LLC, between February 15, 2015 and November 15, 2022, where the delivery was not performed on an indirect basis through your engagement or association with a delivery service professional, master contractor, agent, carrier, or other form of contractor, and
- Did not have more than one indirect driver working or associated with you at the same or different times between February 15, 2015 and November 15, 2022.
Payment based on your number of workweeks during the class period. Workweeks are weeks when (1) you personally performed at least one delivery in California during the class period through Dynamex Operations West, Inc., TForce Final Mile West, LLC, TForce Logistics, LLC, or TForce Logistics West, LLC, and (2) the delivery was not performed on an indirect basis through a contracting party.
Deliveries performed before April 17, 2019 under contracts with BeavEx, Inc. or JNJW Enterprises are not included in calculations of Workweeks. Deliveries that were subject to the settlement and release in Flores, et al. v. TFI International, Inc. et al., N.D. Cal. Case No. 3:12-cv-5790-JST are also not included in calculating workweeks.
Payments will be considered to be 20% wages, reported on an IRS W-2; 40% expense reimbursement; 20% interest, reported on an IRS 1099-INT; and 20% penalties, reported on an IRS 1099-MISC.
Total Settlement Amount: $15,500,000
Class Representative Proposed Incentive Fee:Up to $15,000
Law Firm:
Schneider Wallace Cottrell Konecky
Case Name: Lim, et al. v. TForce Logistics, LLC, et al.
Settlement Website: Lim TForce Class Action Settlement Website
Claims Administrator:
Kroll Settlement Administration, LLC
Lim, et al. v. TForce Logistics LLC, et al.
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
info@limtforceclassactionsettlement.com
833-709-0891