Truck drivers are suing Driverdo, LLC in a wage & hour class action filed yesterday in California. The employment class action was filed on September 16, 2019 in the Los Angeles Superior Court. Zakay Law Group, APC initiated the class action together with Blumenthal Nordrehaug Bhowmik De Blouw, LLP.
The complaint was filed on behalf of a truck driver who worked for the Defendant in Los Angeles, California. A proposed class action, the action seeks to pursue claims on behalf of the Plaintiff, as well as on behalf of a class of truck drivers who worked for the Defendant in the last four years. The Plaintiff has been driving for Driverdo, LLC since May 2019.
Defendant Driverdo, LLC does business in California and elsewhere as “Draiver.” Based in Kansas, Draiver offers transportation services to a variety of clients. Draiver employs truck drivers as independent contractors who use a cellphone application to pick up driving jobs.
The complaint alleges that the Defendant illegally misclassifies its truck drivers as independent contracts, when they should be classified as employees. According to the action, the truck drivers are misclassified under the Control Test, as well as under the new standard set by the Dynamex decision by the California Supreme Court. As a result of the misclassification, the truck drivers were subjected to various violations of the California Labor Code.
Unpaid minimum wages, unpaid overtime wages, missed meal breaks, and missed rest breaks, are only some of the claims alleged in the class action. In addition, the complaint alleges claims for failure to reimburse for work-related expenses, failure to pay wages to employees upon termination, and failure to provide accurate and complete wage-statements. The lawsuit further contends that this conduct constitutes an unfair business practice under the California Business & Professions Code. Finally, the complaint includes a cause of action for violations of the Private Attorneys’ General Act (PAGA).
The class action seeks monetary damages for the unpaid wages and missed breaks. It also seeks monetary penalties pursuant to the Labor Code and PAGA. Finally, the lawsuit seeks a court order compelling the Defendant to reclassify its truck drivers as employees so as to bring its practices into compliance with the California Labor Code.
If you are a truck driver and classified as an independent contractor, you may be illegally classified and entitled to compensation. Please don’t hesitate to contact our California employment attorney for a free consultation.