Misclassified Drivers to Receive $4.75M in Unpaid OT

Delivery drivers for TFI International that were allegedly misclassified as independent contractors have arrived at a $4.75 million settlement to resolve claims of unpaid wages pending court approval. TFI, formerly known as Dynamex or Velocity Express, is a Canadian based transport and logistics company that services the United States, Mexico and Canada. Delivery Drivers for the company claimed in a lawsuit filed back in 2012 that they were improperly classified by TFI as independent contractors instead of employees of the company.

This misclassification allegedly resulted in TFI’s failure to properly compensate its delivery drivers with overtime pay, meal breaks, rest periods, mileage reimbursements, and proper wage statements under the Fair Labor Standard’s Act (FLSA). Their job duties were managed and controlled by regional corporate offices and headquarters and delivery drivers did not have a meaningful opportunity to choose or to negotiate the rates they would be paid for their routes. TFI also required that the delivery drivers wear company uniforms and use company signs on their personal delivery vehicles. Their route assignments, which included driving delivery vehicles, sorting delivery packages, loading and unloading delivery vehicles, and performing other miscellaneous duties required by TFI created long, twelve to fourteen-hour workdays that prevented drivers from working for other companies.

If you or anyone you know is a delivery driver and is concerned about their pay, do not hesitate to call an employment attorney to discuss your rights. Unfortunately, drivers are often misclassified as independent contractors as opposed to employees which allows the company avoid paying the appropriate wages and benefits at the worker’s expense. Fitapelli & Schaffer, LLP offers free phone consultations with any one of their available representatives. Call us now at (212) 300-0375 or visit our website for additional information.