LOS ANGELES — A California truck driver recently filed a pair of unpaid overtime lawsuits against former employers, one under state and the other under federal wage laws, alleging various labor violations including failure to pay overtime wages. The suits each seek class action status to allow other similarly affected individuals to join the claims and hopefully collect the wages they all worked so hard to earn.
In each of the claims the plaintiff alleges he was improperly classified as an overtime exempt employee when in fact he did not perform any of the duties that warrant such a classification. According to the lawsuits, the defendant incorrectly claimed the plaintiff and others were independent contractors and are therefore due regular pay, overtime pay, and reimbursement for expenses.
Both unpaid overtime lawsuits allege serious violations of California wage laws. The claims in the suits include allegations the defendants required drivers to work shifts lasting more than four hours without providing a 10-minute rest break, forcing employees to work shifts longer than five or 10 hours and not providing a 30-minute meal break, and failing to pay for all hours worked.
The plaintiff filed one claim against Atlas Van Lines, for whom he worked for prior to December 2014, in Los Angeles County Superior Court. The second claim against Stevens Transport, for whom the plaintiff worked for from December 2014 until December 2015, was filed in U.S. District Court of California.
Federal Independent Contractor Classification Laws
Employers often attempt to skirt overtime payments by hiring employees as “independent contractors” yet supervise and train these workers as they would ordinary employees. While the law does allow the hiring of independent contractors, the worker must exercise control over various aspects of their job.
To help guide workers and employers, the Internal Revenue Service (IRS) as a 20-factor independent contractor test outlining the expectations for independent contractors. While it is not necessary to satisfy every item on the list, there are key points that should be satisfied.
Truck Driver Overtime Pay Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.