Megacarrier C.R. England has been ordered to pay former drivers $2.35 million in back pay following a minimum wage lawsuit decided in federal court.
The lawsuit was brought against CRE over failing comply with California state law. The carrier failed to give its drivers paid rest breaks and failed to pay its drivers minimum wage for all hours worked – including time spent working but not driving.
Despite being originally filed in a California state court initially, the judge pushed the case to a federal court in Utah. There, a federal judge ruled that CRE was responsible for complying with state laws including California’s minimum wage laws.
C.R. England will pay $2.35 million to be split among the 6,336 drivers who qualified to be a part of the class action lawsuit, having driven for the company between March 12, 2014 and Oct. 6, 2016.
That $2.35 million will become just $1.7 million after expenses. This leaves each driver in the class with around $273 each. Attorney’s fees amount to $500,000.
Source: overdrive, law360, ccj, americanshipper
Moving Forward says
It’s a shame CRE doesn’t have to pay more than that, but we can hope they’ve learned a lesson and will start treating drivers better.
Halaria Anderson says
AMEN..I WAS A DRIVER FOR CR ENGLAND DURING THIS TIME FRAME..I ALMOST STARVED TO DEATH DRIVING FOR THE COMPANY..I AM ONE OF THE DRIVERS DURING THIS TIME FRAME WHO WAS CHEATED..
Pat Barron says
What about those of us that drove during an earlier time??? NOT FAIR!! Yes I agree that WE get paid “pennies” while Lawyers live ‘well!!’
Shawn says
Probably not.
David says
Are you effn kidding me…..this is yet again, another scam …..Why are the attorneys fees $500,000 dollars……and only $273.00 each to the drivers……The attorneys are probably related to CR England…….. YET another tragedy!!!!
Halaria Anderson says
SAD
WTF says
in all lawsuits the victims receive far less than the attorneys..nothing to do with knowing the liable party..why do you think their are so many commercials wanting you to join a lawsuit and law firms having suits such as bp oil spill…tobaccao lawsuits…know your enemy
Paul Taylor says
Not true in all lawsuits. Lawsuits cost money in terms of attorney time. Plaintiffs’ lawyers in employment cases take a big risk because they are usually working on a contingency fee. Cases take thousands of hours of attorney and staff time just to get up to trial.
These attorneys are getting 25% of the total recover after taking a big risk. If they lost they would have received nothing.
Head Games says
It’s standard in the area of attorneys to receive that much and more depending on the amount of the lawsuit.
MusicMan says
I think the lawyers should get $273, and each driver $500,000.
deaconblues62 says
LOL, absolutely.
Lamplighter says
I believe you’re absolutely right, Musicman. I think this sort of thing happens all the time in the prescription drug industry. Ever notice how you’ll see the same ad many, many times a day. Then all of a sudden, there are ads soliciting clients for a class action lawsuit against the drug company for millions. I think the whole thing is preconsieved, a total scam. And everybody gets their cut.
Paul Taylor says
It appears as if the lawyers are getting a fee of 25%. Without lawyers working on a contingent fee, this case would never have happened. No lawyer would work for 25% of $275.00 or whatever each class member gets.
Bobby says
What expenses you’d think half a million dollars would cover expenses!!! Damn lawyers are as crooked as anyone!!
jim mcwilliams says
Well, Lawyers are just like truck drivers. They have to put up the filing
fees, and other court costs years before the case heads to trial. Just like when I drove for CRE. I had to front up the lumper costs, and tolls
before I got a pay check. And had to wait for re-imbursement, And wait, and wait. I stopped waiting for re-imbursement about 18 yrs ago. ( I quit CRE after 6 months ’cause I wasn’t Getting paid.) (( When you drive from Gilroy,Ca. to hunt’s point NYC, from hunt’s point to Danbury ,Conn. Danbury, Conn to Half Moon Bay, Ca , and your pay check is $2.00, something is very wrong.)) When my former employer was sued for the same thing: see KAG West/ lawsuit, You as a driver can SAY this is illegal, but only an attorney can go to battle for YOU. If you know of any driver who got what was due to them by simply asking for it, the driver is probably lying. I have stated before in other posts my agreement with trucking companies being sued, ultimately,
that is what will be needed to make sure we’re being paid. only when the companies get tired of paying out lawsuits will they then comply.
KAG West had to pay out $14 million To settle claims of overtime, meals and breaks. Last I heard, still no overtime pay, retaliation for taking a break/ meal. The drivers got their settlement money, business as usual. This has been my experience with attorneys. Are there crooked attorneys? sure, just like there are some stupid truck drivers. not all drivers are stupid, not all attorneys are crooks. I am disabled now, but be safe out there driver, and have a happy and safe New Year.
RheumTrucker says
But the attorneys take 100% of the risk. If they lose, and a class action suit is very expensive, they get nothing- they alone are responsible for the expense. Usually there are just a few drivers originally named, these drivers will get significantly more money- maybe 50k- for example. The people that initially blow the whistle and find a lawyer for a class action lawsuit receive much more.
Tirdad says
Shoot that was just a good f…. deal for lawyers
Poor drivers do all hard part and money goes to some other people.
If is not slavery then what you call this SAD SAD
Another Victim says
You may label this a “scam”, but this is how class actions have always been… attorneys get 40-55%, paralegals, clerks, courts, and other BS expenses eat another 15-25%, then the “class” participants share what’s left over. Although I think those that file the original petition get a slightly larger share. Class actions are more for punishment of the defendant, not retribution for the plaintiffs.
Paul Taylor says
Wrong. Typical class action fee is 20% to 35% inclusive of attorney fees, paralegal fees, law clerk fees, etc. The class action settlement has to be noticed, and members of the class have an opportunity to object to the settlement and the fee award proposed.
keith smith says
Stop filing class action lawsuit
File them individually. Class Actions are designed for the lawyers to make Money.
Paul Taylor says
No lawyer will work for 1/3 of a couple of hundred dollars. Not all statutes allow a successful plaintiff to recover his hourly attorney fees.
Sean Parliment says
Out of 2.35 million..$237.00 i would tell them to keep it
Amy Kornbau says
I agree $273 isn’t even enough if u ask me that’s maybe half of 2 wks pay I used to work for CRE in 2015 I got paid better when I was driving with swift.
Calvin Hicks says
Been driving since the mid 80’s. Was a time when they were considered (one of), the cream of the crop company, to work for. We use to see their trucks up around York, Pa. area a lot. Nice big beautiful Freightliners. You had to have been a really exceptional driver to, drive for them. Thought about it then but, their drivers, were out 3-5 weeks at a time. Made excellent money.
Past many years. They’ve become GARBAGE!!!!! Had a recruiter come to a CDL training location I worked. The guy was talking some 27 CPM. I laughed at how petty this recruiter was.
The company has totally done a turnaround from, when they were AAA+. That little fine money, will somehow be figured into some sort of “legal” write off, & won’t be missed.
I get regular job advertisements from these BUMMS, as well as J.B. Hunt, sometimes even text messages (dont know how) etc. All of us who know, just delete them.
Tim says
This same behavior (stellar to stench) is often observable in other areas of enterprise, most notably small restaurant chains that become large. They cleverly figure out ways to effectively cheat society out of quality.
Thelonious Johnson says
Add PTL.to your list.,
Disavowed trucker says
I understand that. I drove for them hit a patch of black ice. They fired me said I was unsafe. Now looking for work but nobody will hire me. Cause that is on my DAC report. Any advice.
Another Victim says
DT, been there. You’re not gonna get the big truck bucks for about a year, but you must keep driving a CMV to re-establish your safety record. DON’T STAY UNEMPLOYED, or leave trucking… that will hurt you too. Get a job driving a road construction dump truck, avg $15/hr (not the average small ones), or cement mixer, avg $18/hr. They are both CMV class 8 trucks, even though they may be CDL-B. Apply at landscape or construction companies, they don’t pay as much, if any, attention to DAC, especially if you have reasonable explanations, and you MVR is clean (provide a new/recent “certified” MVR from your state… max years available, with your application). If nothing new shows up on your DAC or MVR for a year, some trucking companies will hire you. After 6-12 mo with them, and clean records, the better companies will hire you. Best of luck.
SCREWED UP says
Look for small mom and pop trucking companies.
Disavowed trucker says
Thank you for the advice. Have been but finding it hard. I will keep trying.
Plooky says
Challenge your DAC. There is another company that does this while driving for them. It’s a way to keep the driver at their company and if you leave, the company makes sure, you will not work anywhere. Its a way of protecting the company’s interest so you’re not an asset to another company.
Rocker 428 says
I get the same txt all the time. Delete them all. Makes me wonder why only 2014 to 2016. Was minimum wage not an issue before then too. ????
Paul says
I just started with us express I hope they don’t turn out like cre or werner its a shame driver’s can’t make a decent living cause these company’s are no good ugh
Katie Johnson says
Get used to bending over because US Express is one of the worst for screwing their drivers
Infosaur says
They gotta pay for those Nikola One’s they just invested in.
Steve says
Learn a lesson yeah right cre is not the only trucking company screwing over its drivers
R.Pratt says
This just happened to Stevens Transport last year! Lol good!
Bret says
They are also crooked. I hauled a load brokered from them where I was waiting 14 hours to be unloaded. They refused to pay the 12 hours detention @ $300.00. Our company will no longer use them for any loads in the future.
Pissed says
One of the most dangerous Jobs that you can’t have yet from of us are not even paid minimum-wage, what the hell is wrong with this picture?
Now there’s a big talk about replacing all of us with atomic vehicles . Get out while you can the faster the better look for the job and or training in renewable energy.
It’s so sickening what has happened with the ones great industry.
Tim says
Atomic trucks. Darn well at least they will glow lol
Delboy says
I think you mean autonomous.
Another Driver says
Katie, Steve, Bret, Paul, Pissed, and all the others:
We work in a strange industry, but why? We work 70hr weeks (or more if we can get away with it), and DON’T get overtime pay after 40hrs. Many companies don’t pay detention, even though it decreases available driving miles that we could have been paid for in a day. We’re awake 14+ hrs a day, and really lucky if 8hrs of our 10hr break can be used for sleeping. The pay usually only puts us in the middle class, and we pre-spend our retirement money in truck stops, instead of saving it or sending it home to the family. Why? Are we nuts?
Anthoni says
I don’t think the attorneys are related to anyone at CRE. But yes, the attorneys are the only ones that make the real money in class action lawsuits. The drivers a small amount of compensation but it also brings awareness to all the drivers that CRE and most all MegaCarriers may not be in the best interests of drivers. If drivers pull together and not work for these companies then maybe the MegaCarriers and others will get the message.
old man says
Just one in a long list of carriers that were once decent companies to work for but due to competition and the almighty bottom line have decended to just another turnstile operation.
James says
But you all are missing the point here. It’s not CRE as a company. They aren’t the only ones that have gotten hit in these lawsuits out of California. FedEx I think, Walmart, etc. these lawyers are just going through the list of companies that hire in California for OTR and then suing under the minimum wage law in California. They are effectively trying to change the way truck drivers are paid. Which will eventually transfer over to the rest of the industry. Which will cut our over all wages. This isn’t going to end good. In the end we will loose.
John Beatty says
Wow, and I thought I was the only one who read the article and understood it as a whole lol
Justin says
You’re not alone. It’s a set up most likely. They r looking at the end game not what a single lawsuit causes. Ever thought the mega carriers are playing both sides of the game. Maybe the bean counters have determined another method of paying will be more beneficial to the carrier. So how do u change something that a group of ppl isn’t gona like…. Make it seem like they fought for a change and it was their idea. Just think about how many companies make both the sword and the shield? You want to invade the middle East after oil…. U give the people a reason to back sending troops to the middle East. These kind of things have been going on for centuries.
Jon says
What will change is an Hour wage for 70 hour with bonus incentive at cpm.
The Drivers will Lose no matter what !
robin says
I’m sorry, but I have no sympathy for CR England there a bunch of lying basterds. I’m speaking from experience when I applied to work for them and they told me that you either have to be an owner operator or lease their trucks.
So I said, “okay, send me the information regarding leasing.” They said that I would have to come up to their main headquarters to get that information because as a policy they don’t send out lease contracts ahead of time.
Really? After I told them that I found one on the Internet, if only sent me a price breakdown and I did the math. What a bunch of crooks.
Driver84 says
We will always be cheated the pay will never match the long work hrs or time away from family
Charles Ball says
Ok, let me get this straight. Drivers are for some odd reason thinking they have to be paid when they’re on break, and when they’re asleep, and basically 24/7 now?
deaconblues62 says
No not 24/7, just at work!!!
If you’re in the truck you’re at work.
When you’re at home you’re not at work.
Gary A Fink says
Per diem. Of course that would escape anyone who is clueless.
Mark says
Never spent a minute in a truck, have you?
Zavetta Taylor says
In any other industry, employees on travel are reimbursed for meals and are payed a straight salary. Truckers pay for their own meals and sometimes are not paid one dime for any number of reasons. Are you suggesting that even though trucking companies take away any possibility of an alternative income stream, we should not be paid to be at their beck and call? You are part of the problem. Probably against raising the minimum wage too, right?
Steve palmieri says
If you work for CR England or any of the other schlock haulers you have no one to blame but yourself. If you just do the math with any of them you will see that you will be working for peanuts. And if you lease through them you’ll be a lot worse off. Bottom line you need to do you’re homework before taking a job with anyone.
Gary A Fink says
Funny you should make such a foolish comment. Try looking up Foodliner, Inc. As big if not bigger than C.R. England and they run a good operation. Their fleet, well maintained and almost exclusively food grade tankers, is among the best operated Companies in the nation with in excess of 1000 trucks less than 3 years old on the road.
Jeremy says
It’s like I always say if your stupid enough to drive for a big carrier than you get what you deserve.
Rat face says
Pam sent me a Check in August for 250.00, wasn’t much but it we nice to have
Gary A Fink says
You’re lucky to have gotten some kind of re-imbursement. I would like my $700 back as well as compensation for the lies I was fed by the scam artists that run this shady operation.
deaconblues62 says
Wow, Golly Gee, Thanks, $273.00 LOL, which England probably will deduct for School & Classroom Fee’s…
Mark Gilbert says
That’s still less than minimum wage. The Court and Lawer’s get more than that. Omg.
It should have been tallied up for each driver the total amount PLUS EXPENSES PLUS LAWERS.
Gary A Fink says
I too was a driver for this rip-off company during that time. They stranded me several times at truck stops leaving me with barely enough money to make my truck lease/purchase payments let alone feed myself, my family or my co-driver (who they threw into my truck without compensating me for training them).
Finally, upon cutting off my deliveries from Tacoma, Washington, they had me bring my truck back to Salt Lake, locked the gate and informed me they had cancelled my lease. They then charged me in excess of $700 (accrued savings for routine maintenance) for ‘repairs’ they claimed the truck needed on a side door that worked just fine (since I used it to empty out my and my student driver’s personal possessions}.
no more trucking says
elogs are coming.
i am quitting trucking and going back to school, will become a lawyer
some trucking comp will be send straight to hell i promise that to everyone
martin richards says
Too little, too late.
Bob says
I am glad the lawsuit was successful but as per usual in a lawsuit the lawyers got the goldmine the drivers got the sh***.
longtime gone says
There are not that many CRE drivers in California their information as quoted in this article is inaccurate. The number of drivers quoted in this article who are to receive funds, represents more people than should be qualified to receive distribution of funds. Drivers not based in California. This still remains unjust as equal pay for hours worked, as I was never compensated for a whole days wages for a broken down truck (daycab), time spent escorting a disabled vehicle with the towing company back to the yard. So, at least maybe this will make them rethink their company attitude towards the force that makes the company what it is … their drivers?
J. Carter says
CR England is a sleaze company. I worked for them (for about 3 months) back in the early 2000’s. I needed a job right then, and they were one of the only companies hiring from where I lived at the time.
First of all, I was floored by the rate per mile. I was floored again when they [tried] to justify it in orientation. “Length of haul!” they said. I found out very quickly that I was making peanuts compared to what I could be making at most any other company. From day one at England, I was on my job search.
The England brothers (the owners) are unbelievable. I actually saw a couple of them. They swagger around there in thousand-dollar suits and talk down to people with an utterly repugnant arrogance – talking to their drivers and other employees like those drivers and employees are dim-witted enough to grant them the entitlement of their ‘birthright’. They are flat out disgusting. Completely clueless popinjays.
Sean Parliment says
I called them around the same time when i was thinking about becoming a truck driver. They wanted to hire me. After i asked a few questions on how much i will earn during training and after i laughed. I said how will i survive? I couldn’t feed myself let alone sending money home to pay rent and other financial responsibilities. What a joke! Minimum wage to drive a rig being on the road for weeks on end. Again now im thinking about getting my CDL and im doing all kinds of research. Im better off paying for private school and find a carrier that offers reimbursement and hires new class A cdl holders. Im told Schneider is a good company for this situation. I been reading a lot about them, seems good. Better than CRE, Swift, JB Hunt and Prime. I just need my first year experience
Dan says
$ 273.00 I bet they will sure think twice about getting caught doing that again!
Anonymous says
If anyone is thinking of going to C. R. England please sue them again.
Regina says
So for the 6336 drivers in this suit, any that didn’t optout I just want you to know you got screwed.
At $10 a hour divided by $273 that says you stood on a dock, fueled, pulled stickers, paperwork/trip paks, trip plans, 10/15 minute break, and any other job that the wheels weren’t moving, you only worked 27.13 hrs. This is no matter how long you worked there.
I knew this was gonna happen I had already did the math long before this post. I opted out because I am not willing to be slapped in the face by a multi-million dollar company that really doesn’t pay the best.
marc says
Class action lawsuits should be outlawed, or at least limited as to how many clients each one has. That’s why you always see the ads on tv telling you to call if you’ve taken this or that drug. They make 1/3 of total judgement and the members of the suit make pennies. Only ones it helps is the f-ing lawyers. But there will never be any real reform on this kind of thing, since most politicians are lawyers themselves.
john says
Trucking is the only occupation I have seen where the employee works hours that they are not compensated for. If you ask about this non compensated work you are often told it is part of the job and it’s figured in you cents per mile. Now many companies pay detention time but only after you give them an hour or two free. Tell the people who work any other job they need to come to work and the first two hours are not paid for and see what happens. Also I’ve never seen a job where the government at all levels can fine a worker to the tune of thousands of dollars for infractions. The fines also are not in line with what a driver earns. We drivers are idiots for not banding together to stop these abusive tactics.
Brown matt says
the lawyers are never mean to earn you any money at all. They are there to punish whoever breaks the law and thanks they can get away with it…for the ones complaining about being in the truck 24/7 you must be working hourly labor before becoming trucker that’s why it’s so hard for you to adjust hours. If you where salaried employed it would be much easier. Not every industry going to pay you by the hours.
Pat Hockaday (JoJo) says
You Drivers need to understand that you have to be operating as an Intrastate Driver to be eligible for labor benefits in any state, not just California.
Intrastate means that the Drivers origin and destination points had to be within the state lines.
A Driver that loads in one state and delivers in another is considered to be on an Interstate load and is exempt from the individual states labor laws.
The ATA is currently trying to put an end to the states labor laws protecting Intrastate Drivers and Drivers operating in an Intrastate capacity. Proposed legislation to do so is to be part of the THUD Bill early this year.
travelingman says
I am happy to see CR England take it in the shorts, But Im sure that it wont effect the bottom line much.
Infosaur says
I find it interesting that a California law had to be fought in a federal court out of the state of California.
I wonder if the parties involved thought they’d get a pro-business verdict in a red state?
Oops! Guess not.
Joseph says
How do we get ahold of the lawyers handling this case?
GC says
What’s worse is the drivers were cheated twice. it’s like a gammick, they have class action lawsuit but the only people making the money is the attorney. it’s totally ridiculous.
Something should be done about that. they don’t have class action lawsuit to help the people.
It is also ridiculous that CR England spend their time doing shitty deals like that and end up in court. I wonder if they have a deal with the attorneys. they don’t pay the full amount and still make off with the better deal and then keep doing it….. hmmmpf???
William Smith says
When does check go out