Are You an Employee or Independent Contractor - Case Study

February 2, 2016

Lawsuits Against Trucking Businesses

Hey truckers, the latest in truck driver news asks if you are an employee of a trucking company or if you are an independent contractor. Although you may think you know the difference, or may be labeled as one or the other, it pays to find out where you really stand.

This is one of the "grey" areas in the trucking business, whether you are driving for yourself or whether you are driving for a company. So, check out this little blurb about a situation that occurred with XPO Logistics.

Class Action Lawsuit

There was a class action lawsuit that was was filed Monday, January 11th, in Los Angeles Superior Court that may be of great interest. Three trucking subsidiaries of XPO Logistics trucking firm allegedly misclassified their drivers as independent contractors instead of employees, according to reports from The Wall Street Journal and Nasdaq.

This lawsuit argues that drivers for XPO subsidiaries, Pacer Cartage, Inc., Harbor Rail Transport and PDS Transportation, Inc., paid drivers below minimum wage, weren't provided with meals, rest breaks nor reimbursed business expenses, among other allegations.

"We believe this case is without merit and plan to litigate it vigorously. We are in constant dialog with our independent-contractor carriers and believe the vast majority of them value the significant benefits that operating independently can bring," said Troy Cooper, XPO's COO.

Don't be Fooled

You really should know if you are driving for a company or as an independent. This may especially pertain to newer drivers in the industry, who may be told one thing, yet are really something else.

If you have questions, ask. If the answers are not forthcoming, or you still have doubts, contact your local Union official.

For the best in semi truck driver news, federal mandates, information, trucking legislation or even selling your rig, hook up with Trucker to Trucker on the Web. We'll steer you right, every time.

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