Do you drive a truck for a living? If you do and you’re being paid as an independent contractor or owner/operator or employee, there’s a very good chance you’re getting ripped off. Please contact us for a free evaluation using the form on this page, or call us at 424-245-5505. By completing our confidential inquiry, you will be assisting us in the investigation of this potential breach of labor law.
Background
Many of the biggest transport companies are making out like bandits because they’re reportedly not paying their drivers as the laws say they should.
Some of the companies we are investigating for possible violations include:
- RPM Consolidated Services
- Covenant Transportation Group
- Knight Transportation
- LRC Trucking
- Saia Companies
If you work for another company not listed, we would also like to talk to you.
Don’t let trucking companies do this to you. If you’ve been a truck driver with LEASING OR PAY problems, please contact us. The investigation into these companies is about drivers who are leasing or being paid as if they were independent contractors, but under the law may actually be employees of the company. If you or someone you know is working or has worked 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 their employer for overtime and penalties that could potentially add up to a substantial amount of money. They may have been wrongly labeled as independent contractors or owed employment wages.
When a worker is wrongly paid as a specific type of worker like a contractor, but in reality is supposed to be paid as another type, like an employee, they may be missing out on overtime and other employee benefits. We are currently investigating this case, so if you or someone you know is a truck driver, please contact us by filling out the form on this page or calling us at 424-245-5505.
Wrongly Classified Employees
An independent contractor provides his or her services to a person or business. By law, an independent contractor is supposed to be able to control how they provide their services to the person or business that hired 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 they do work for.
There are ways to figure out if an employer is exerting control over an independent contractor, which in turn would lead the independent contractor to actually, under the law, being an employee. The following factors should be considered:
1. If it can be determined that the employer has control over how the independent contractor operates, such as making them only use a specific network of service facilities approved by the company, 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.
2. If it can be shown that the business and financial aspects of the independent contractor’s job are 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.
3. If there’s 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 decide if an employee has been wrongly labeled as an independent contractor is to use the Department of Labor’s Economic Reality Test. The test has six factors that courts have to look at when determining whether an employee has been wrongly labeled as an independent contractor:
1. Whether the work done by the independent contractor is an integral part of the employer’s business.
2. Looking at the independent contractor’s opportunity for profit or loss.
3. Seeing if the relationship between the independent contractor and the employer is permanent or temporary.
4. What the nature and degree of the employer’s control is over the independent contractor.
5. Looking the independent contractor’s investment compared to the employer’s investment, which will make clear if the independent contractor may be dependent on the employer for money.
6. Deciding if the work that the independent contractor performs requires business skills and judgment which helps show if 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’s recently been discovered that some of the largest trucking companies in the U.S. may not be paying their drivers what is legally owed to them since they are being paid as independent contractor owner/operators. If you think that you, or someone you know may have been wrongly labeled as an independent contractor owner/operator freight driver, and should be paid as an employee, please contact us by using the form on this page or contact us at 424-245-5505.
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