Employment & Labor

KLLM Truck Driver Payment Problems

 KLLM is suspected of not paying its drivers and operators according to the law. If you have worked for KLLM or know someone who has worked for KLLM, please contact us using the form on this page or call us at 817-455-6822.

The drivers may be employees but are being paid as independent contractors.  So they may be owed a lot of money from KLLM for things like overtime and penalties that can quickly add up. If a worker is paid as one type of worker but is really another type of worker, it’s called misclassifying.  KLLM may be treating their drivers as contractors when they should be called and treated as another type of worker, as an employee.  That’s called misclassifying.  We are currently investigating this case. Please contact us using the form on this page or call us at 817-455-6822.

Background

For 50 years, KLLM has been transporting things that are fragile or ruin quickly for customers throughout the country. KLLM offers Over-The-Road, Regional and Dedicated temperature-controlled services throughout the United States and Mexico. KLLM operates 1150 company owned tractors, 400 Independent Contractor tractors, and 2400 refrigerated trailers.

Under IRS rules, KLLM may be breaking the law because it should not be doing things like making its drivers have their tractors serviced within KLLM’s network of service facilities. The level of control KLLM has over its drivers may show that the drivers should be classified as employees. That means the drivers should be paid like employees with all the benefits of being an employee including break times and get payments like social security insurance and workers compensation insurance

Employment Misclassification

To understand what is an independent contractor, we can look at three things: (1) an independent contractor provides a good or service to another individual or business, often under the terms of a contract that dictates the work outcome, but the contractor retains control over how they provide the good or service; (2) the contractor is not subject to the employer’s control or guidance except as designated in a mutually binding agreement. The contract for a specific job usually describes its expected outcome; (3) essentially, independent contractors treat their employers more like customers or clients, often having multiple clients, and are self-employed.  Each state has different laws and this is not legal advice. You should consult an attorney to get the legal advice about your case. You can submit your information about this case by filling out the form on this page or calling 817-455-6822.

According to the IRS there are some other tests as well:  Behavioral, Financial, and Type of Relationship. Behavioral is how much control the company has over the contractor; financial is are the business aspects of the worker’s job control by the payer; and relationship is defined as if there is written contracts or employee-type benefits.

One last test is the Department of Labor economic reality test. This test looks at seven factors the court must consider. The first is the extent to which the services rendered are an integral part of the principal’s business. Second, the permanency of the relationship. Third, the amount of the alleged contractor’s investment in facilities and equipment. Fourth, the nature and degree of control by the principal. Fifth, the alleged contractor’s opportunities for profit and loss. Sixth, the amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor. Lastly, the degree of independent business organization and operation.

Potential Class Action Suit

 Reports indicate that KLLM may not be paying their drivers what is legally owed to them. If you were misclassified by KLLM please contact us using the form on this page or call us at 817-455-6822. You may be part of a class action lawsuit.

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