Graebel Van Lines Truck Driver Payment Problems

>Graebel Van Lines is suspected of not paying its drivers and operators according to the law. If you have worked for Graebel Van Lines or know someone who has worked for Graebel Van Lines, please contact us using the form on this page or call us at 424-245-5505.

The drivers are being paid as independent contractors / owner / operators but should be paid as employees. So they may be owed a lot of money from Graebel Van Lines 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. Graebel Van Lines 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 424-245-5505.

Background

For 65 years, Graebel Van Lines has been operating as a moving and transportation company. It claims it is “the nation’s largest privately owned moving services provider, offering end-to-end moving support for clients in the corporate, residential, workspace solutions, and international markets.”

Under IRS rules, Graebel Van Lines may be breaking the law because it should not be doing things like making its drivers have their tractors serviced within Graebel Van Lines’ network of service facilities. The level of control Graebel Van Lines 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 424-245-5505.

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 Graebel Van Lines may not be paying their drivers what is legally owed to them. If you were misclassified by Graebel Van Lines please contact us using the form on this page or call us at 424-245-5505. You may be part of a class action lawsuit.

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