Workers in many fields are misclassified as independent contractors, when by law, they are really employees who would be entitled to minimum wage, overtime at the rate of time and one half, and would be entitled to have the employer bear the cost of work-related expenses.

The misclassification of workers as contractors is common in positions such as truck drivers, delivery drivers, security guards, and insurance adjusters. While the test of who is a contractor and who is an employee can be complex, relevant considerations are how much control the business exerts over the work of the contractor, whether the contractor is performing the primary business of the company, and whether the contractor is truly in business for themselves.

Companies often use misclassification not only as a way to avoid paying minimum wage and overtime, but as a means to take deductions out of workers’ pay for things that an employer would typically cover, such as fuel for a truck

Getman, Sweeney & Dunn has resolved misclassification cases against trucking companies like Swift Transportation, Central Refrigerated, and Western Express, and other companies like Alamo Claim Service, Seibels, and Lozano. We currently have independent contractor misclassification cases pending against A-1 Quality Logistical Solutions, ATP Flight School, CRST, FedEx, Detmar Logistics, Schneider National, and Sitemetric.