Active - Boyer v. Global Expedited, LLC

This class action lawsuit arises from ongoing wrongful conduct by Defendants Global Expedited, LLC, Ameri Freight Way, Inc., and DD Logistics, Inc. (collectively “Defendants”), by Defendants’ unlawful (1) misclassification of Plaintiff and proposed class members truck drivers as independent contractors, instead of employees, in violation of California Labor Code section 226.8; (2) failure to pay Plaintiff and proposed class members, who were paid on a piece rate basis, by miles driven, for all non-productive time, such as pre and post-trip inspections, detention time, layover time, and the time to prepare necessary paperwork, etc., in violation of California Labor Code section 226.2; (3) failure to reimburse Plaintiff and proposed class members for work-related expenses, including but not limited to, the use of, their personal cell phones to do their jobs, bridge tolls, etc., in violation of violation of Labor Code section 2802; (4) failure to provide accurate itemized wage statements to Plaintiff and proposed class members containing information as required by California Labor Code section 226 and 226.2; (5) failure to maintain accurate records of Plaintiff’s and proposed class members’ payroll records showing hours worked daily and wages earned in violation of California Labor Code section 1174(d); (6) failure to pay Plaintiff and proposed class members all wages when due in violation of California Labor Code section 204; (7) taking deductions from compensation earned by Plaintiff and proposed class members in violation of California Labor Code section 221; (8) failure to pay members of the proposed class all wages due at the time of termination in violation of California Labor Code sections 201-203; (9) failing to provide paid sick leave and provide a record of available sick leave in violation of California Labor Code section 246; and (10) obtaining the wages owed to members of the proposed class through actions constituting theft in violation of California Penal Code section 496. These failures further constitute unfair business practices, in violation of California Business and Professions Code section 17200, et. seq. The violations of Wage Orders further constitute violations of California Labor Code sections 558 and 1198 and also give rise to penalties under California Labor Code section 2698, et seq.