Wage and Hour Lawsuit?

I think I'm in the right forum but if not, mods please feel free to move it to a more appropriate place.

So a couple years ago I was working as in independent contractor, my own cargo van, for Henry Industries that had a contract delivering office supplies for Office Depot. Which I thought was kind of weird because Office Depot had their own company trucks and drivers, and many times I'd be delivering to the same place as they were. Only difference was I was driving my plain white "abductor van" and dressed in jeans and sweats/jacket, and they were in company truck in uniform. Contract was to be paid by the piece/weight. Office supplies and pharmaceuticals, some post office stuff. Not too bad money, but not getting rich lets say. Did that for a few months, switched to courier/expeditor work. Better money and wasn't hauling 30 cases of copy paper plus office furniture around all day.

Deal was, I was an independent contractor, knew the deal, etc. As far as I know, all the other drivers were independent contractors, no company trucks except for the 18 wheeler that ran between STL and KC to pick up the office supplies we delivered. There were a couple of warehouse guys that did deliveries on occasion, but all the regular drivers were IC's.

So today I see a letter from an attorney, apparently a driver has filed a wage and hour lawsuit against the company, claiming they weren't paid overtime, and since I used to drive for the company I was eligible to be a party in the lawsuit. From my viewpoint, as an IC I don't think I"m covered by any wage an hour deal. But, just wanted some others opinions, just in case there's some vague law I'm not aware of. I don't like dealing with attorneys if I don't have to, never leads to any good.

 

Was a IC nothing more, Some disgruntled IC decided to file and a lawyer requested documents from the company. Get attached to a retarded lawsuit maybe win a few dollars. I would not get involved.




Knew my role as a 1099 IC before CDL days. If this was in my mailbox monday, I'd throw it away.

 

To me, those contractors are idiots who will ruin the entire business relationship system that has been in place for decades.

Being a contractor, you are there to do a job, not have a job. SO they hand you an assignment and you complete it for a specific amount of money. Suing over lost wages is like telling the company you didn't actually agree with the amount of money you got but want more after the job is done.

If you are a driver want to get a job, don't take one that gives you a 1099. If you want to lose your freedoms by being part of things that control you and force everyone to be an employee, then you deserve being controlled.

So just toss it in the garbage.

 

I don't think your eligible as an IC. And I wouldn't even get involved. If they were just paying you salary and you were working as an employee it would be different. But as independent I doubt you have a case

When I worked at FXG for a IC I was paid salary. He had a few of us. One guy requested overtime as he was working 10+ hours a day. So he got canned so he filed to get paid the money. He told me that myself and the other 2 guys were also eligible to get paid. After some time they called him and said because he crossed state lines within a months time he was not eligible anymore, along with the two others. He told ,e since I never crossed state lines I could still get paid if I chose to pursue it. I didn't want to get involved and was in process of a new job at the time and wanted the reference some just didn't do it.

 

Agreed, as IC you have no traction. That's the point of you, pizza boy, O/O, L/O, lease you truck, L/P deals etc.

Removes the employee taxes, liability, capital costs of the vehicle etc. As a driver you probably fall under the FLSA too if you could beat the IC relationship.

Trust me, before Depot or Dominos do this contract relationship their team of lawyers have looked at all contingencies. They are well covered as many major corporations are......

JMO

 

not true, Fed X just lost a lawsuite. a lot of thier I/C had to be classified as employees and at some point they will get what is owed to them.

there are several other major corpations that are losing these lawsuites.

 

Yep and that only applies to California if I remember right. but that situation ruins the concept of control of your work, as an employee, you have less control than you do as a contractor not more.

 

Uh huh...no doubt. It's the control issue. I'm saying the agreements as written protect the corporation until some manager somewhere tries to exercise the control ( like driver) over the IC.

If Fed Ex were to lose it would be their own fault.

There is a downside to these winning that all should think about.......public companies will make a profit and the CEO will deliver said profits whatever that means........if it means leaving a lane, state, closing a terminal then that's what it means. I've seen all of it done.

Fed Ex created this relationship with IC's to make a profit as they obviously couldn't ( make enough ) with company drivers. The company will not operate in the red. The terminal will not operate in the red. ( or not for long )

Trust me on this.......

 

The whole ic lease whatever deal should be done away with anyways ( almost seems like share cropping to me). Everyone should have their own authority / insurance etc....

Then if a carrier wants to sub out work pay the sub like 95%. The sub is free to work wherever they want .........and is truly in business for themselves .

 

The way 'the law' works (contract law) is that whoever writes the contract has responsibility for flaws in the contract. It's held agains drawer of the contract.

Contracts of adhesion are so called contracts where the relationship between the side that draws up the contract is very lopsided. Think utility company, credit card company, landlord, and sure, employer.

After enough of these hit the lower courts and get splattered on the wall, the appellates, the review courts get wind that maybe something's not right over here and maybe we should look beyond the specific wording of the contract into the fundamental fairness of the contract.

That's oh-oh time for big boys.

Right now Con-way, a billion dollar outfit that made $45.7 million net in the last 3 months (that's $15 million/month for the math-challenged) felt it needed to describe the lawsuit that has turned into a class action and admits that the settlement could be material... meaning, really big $$ going away.

In the same 10-Q report it didn't feel the need to report 4 terminals voting union. Trivial.

Wage and hour lawsuits are not trivial lately... especially California.