One common reason for the lawsuit is classifying the truck drivers as independent drivers to prevent an obligation to pay them:
- insurance
- social security
- overtime pay
With these limitations the employee is loosing the right
- to form a union
- time for medical abсence or to cover the medical bill for a sick family member
- right to be free from discrimination (color, religion, gender)
In the food industry common action is to classify their drivers as distributors or independent contractors, or to even make them to sign the ”distributorship” agreement.
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The truck drivers to the court presented the information that they were using company trucks and had no control over their workday and in the eyes of the law the control that the manufacturers have over the drivers tasks and actions, classify the truck drivers as employees of that company.
The conclusion was ” because the company had the control over the driver’s actions, the drivers are employees and not independent contractors”. Boom…! You’ve got a lawsuit.
Source: www.thinkglink.com
Another reason for the lawsuit is when the trucking company does not pay minimum wages for the truck drivers for non-driving tasks, like pre-trip and post-trip inspections or for the time spent waiting for the load to be ready for transport.
