Marten Transport LTD is allegedly not paying its drivers as the law should permit. If you have been a Marten truck driver with pay problems, please contact us. The investigation into Marten Transport LTD is about freight drivers who are being paid as if they were independent contractors, but in truth may be employees of the company. If you or someone you know is working or has worked for Marten Transport LTD as a driver, please contact us by filling out the form on this page or calling us at 424-245-5505.
Drivers in this case could be owed money from Marten Transport LTD for overtime and penalties that could potentially add up to a substantial amount of money. They may have been misclassified or owed employment wages.
“Misclassification” is when a worker is paid as a specific type of worker, but in reality is supposed to be paid as another type. In this case, it is alleged that workers who are classified as independent contractors and are being paid as such are supposed to have an employee classification for Marten Transport LTD. We are currently investigating this case, so if you or someone you know is working for Marten Transport LTD as a driver, please contact us by filling out the form on this page or calling us at 424-245-5505.
Background of Marten Transport LTD
Marten Transport LTD is a freight trucking company based in Mondovi, Wisconsin. It currently operates throughout the United States, with the exception of Alaska and Hawaii. Marten Transport LTD also operates within Canada and Mexico. Marten Transport LTD currently has 14 terminals throughout the United States, and can be found in Oregon, California, Texas, Arizona, Kansas, Wisconsin, Indiana, Tennessee, Georgia, Florida, Virginia, and Pennsylvania. Marten Transport LTD employs roughly 2,000 drivers throughout the United States, as well as in Canada and Mexico. Marten Transport LTD also employs drivers who utilize their own trucks as owner/operators.
Misclassifying Employees
An independent contractor provides his or her services to a person or business and provides their services to the person or business. An independent contractor is able to dictate how they provide their services to the person or business that employed them. An independent contractor is usually able to dictate how they operate, except as stated otherwise in a contract between the independent contractor and the person or business. Essentially, an independent contractor is self-employed and the person or business they work for is usually seen as a customer or client to whom they provide their services.
There are ways to determine whether an employer is exerting control over an independent contractor, which in turn would lead the independent contractor to becoming classified as an employee. The following factors should be considered:
- If it can be determined that the employer (Marten Transport LTD in this case) has control over how the independent contractor operates, such as requiring them to only use a specific network of service facilities approved by the employer, or requiring them to leave their own tractor with the employer when not in use, then the independent contractor can be classified as an employee.
- If it can be determined that the business and financial aspects of the independent contractor’s job is controlled by the employer, such as when the independent contractor will be paid, or how they may operate when conducting their services on behalf of the employer, the independent contractor can be classified as an employee.
- If it can be established that there is a contract between the employer and independent contractor that would establish an employee-employer relationship, or employee-like benefits can be established within the contract, then the independent contractor can be classified as an employee.
One final way to establish whether an employee has been misclassified as an independent contractor is to use the Department of Labor’s Economic Reality Test, which contains six factors that courts must consider when determining whether an employee has been misclassified as an independent contractor. These factors are:
- Whether the services rendered by the independent contractor are an integral part of the employer’s business.
- Determining the independent contractor’s opportunity for profit or loss.
- Determining what the relationship between the independent contractor and the employer is permanent or temporary.
- What is the nature and degree of the employer’s control over the independent contractor
- Determining the independent contractor’s relative investment compared to the employer’s investment, thus requiring the establishment of whether the independent contractor may be economically dependent on the employer.
- Determining whether the work that the independent contractor performs requires business skills, and judgment which would go in determining whether the independent contractor is in fact economically independent from the employer.
This should not be construed as legal advice since each state has different laws pertaining to this issue. If you think you have a potential claim, you should consult an attorney to obtain the legal advice needed in regards to your specific case. You can submit your information pertaining to this case by filing out the form on this page and submitting it to us or contacting us at 424-245-5505.
Potential Class Action Suit Currently Under Investigation
It is currently being alleged that Marten Transport LTD may not be paying their drivers what is legally owed to them since they are being classified as independent contractor owner/operators. If you think that you, or someone you know may have been misclassified as an independent contractor owner/operator freight driver for Marten Transport LTD, and should be classified as an employee, please contact us by using the form on this page or contact us at 424-245-5505.
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