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Truckers: Are You Being Misclassified as an Independent Contractor?

Does the trucking firm that you drive for classify you as an independent contractor even though you are working exclusively for that firm? If so, you may be losing out on earned wages and benefits, as well as paying unnecessary expenses, and may be better served by being classified as an employee rather than a contractor.

Unrest throughout the industry…

While the independent contractor model is common in the trucking industry and is preferred by some drivers, many others are being misclassified to their detriment. Multiple lawsuits are underway in the state of California, notably against XPO Logistics, for allegedly using the independent contractor classification to deny drivers wages and benefits and deprive them of benefits and protections including paid meal times and rest breaks, eligibility for workers’ compensation, and pay for work other than driving – for example, the time spent waiting to pick up cargo. The lawsuits also contend that XPO is using the independent contractor classification to transfer responsibility for operational and other expenses onto the drivers rather than the company paying such costs. Although this particular legal action has been taken in California, the ramifications may impact truck drivers across the country.

Functioning as an employer…

The legal filings allege that XPO is functioning as an employer, scheduling when and where drivers are working, determining what types of loads they transport, mandating daily truck inspections, and requiring drivers to submit to mandatory drug and alcohol testing. The drivers’ efforts to be compensated and treated appropriately has spawned a campaign, Justice for Port Truck Drivers, designed to organize drivers at United States ports and supported by the International Brotherhood of Teamsters. Earlier in 2018, drivers in New York hauling for XPO filed to join the Teamsters because of the independent contractor classification.

It sounds straightforward, yet it’s complicated…

Does the trucking company you drive for classify you as an independent contractor? There are many different laws that apply to the classifications of employee vs. independent contractor. As a trucking professional, you aren’t expected to know the ins and outs of labor law and legal terms like injunctions and putative class actions. That’s where our expert team at Fellerman & Ciarimboli can help. Our attorneys are ready to listen to your concerns, assess your situation, and work with you to move forward in the best way possible so you can get the wages, benefits, and protections you deserve. We have a long history of helping our clients receive justice.

A little more about us…

Fellerman & Ciarimboli is known for our hard work, attention to detail, keeping our clients informed and making sure their voices are heard. We have a reputation for being thorough and fair, and we won’t rest until we’ve attained the results you deserve. Put our experience, deep commitment, and consistent track record of success to work for you. Learn more by contacting us or calling us toll-free at 1-888-570-HURT.

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With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.

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