Are you a truck driver for XPO Logistics who is classified as an independent contractor, when you’re actually an employee?
In June, port and rail drivers working for an XPO Logistics company, XPO Cartage, went on strike, to protest the misclassification and “retaliation, harassment, and intimidation” because they had filed claims against the company for wage theft. Said one driver, “We’re fed up with working so hard, making so little, and having no benefits.”
More and more truckers have had it—with rules requiring them to wait without pay, do work-related tasks on their own time, or work twelve-hour days or six-day weeks without overtime pay. The difficulty is that labor laws are mostly state laws, so that the rules about employee classification differ from state to state. In most places, however, they are based on how much control the employer has over the employee.
The rules are complicated, but more and more so-called independent contractors are taking their employers to court and winning. Truckers have filed over 800 such misclassification suits in California since 2011 and have so far won about $40 million, with 200 of the cases still pending.
But some companies don’t seem to be getting the message. In 2014, seven drivers who worked for Pacer Cartage, now XPO Cartage, were ruled to be employees rather than independent contractors and were awarded over $2 million. Pacer and then XPO appealed the decision, and the case is still pending. Then, in 2015, another five drivers were found to be misclassified and awarded $950,000. Once again, XPO appealed, and the case is still pending. Now, in 2017, four drivers working for XPO Cartage were deemed misclassified and won a total of $855,000.
Truckers have also filed misclassification complaints about Unfair Labor Practices with the National Labor Relations Board.
It’s difficult for individuals to bring lawsuits against large companies. Isn’t it time to bring class actions against XPO, so that the penalties become significant? Isn’t it time that misclassification became unprofitable for companies, and that courts begin forbidding this practice for all drivers into the future, instead of ruling on a few individual cases at a time?
Class actions have already been filed in Illinois and New York. We’re investigating the possibility of filing more such actions. If you’ve worked for XPO Logistics or subsidiary companies like XPO Cartage, and you believe you were misclassified, fill out the form on this page and let us know what your experience was.
Article Type: InvestigationTopic: Employment