This lawsuit is brought as a nationwide class and collective action on behalf of truckers who drove for CRST and were treated as “owner operators” or “lease operators” by CRST. The lawsuit claims that CRST misclassifies these drivers as “independent contractors” when they are actually employees and then makes unlawful deductions from their wages that result in minimum wage violations. Plaintiffs seek unpaid wages as secured by the Fair Labor Standards Act (minimum wages), liquidated (double) damages, and costs and attorneys’ fees, as well as declaratory relief. The complaint was filed on January 17, 2020 in the United States District Court for the District of Massachusetts. You can see the complaint by clicking here.
Any truck driver who drove for CRST at any time from January 27, 2017 to the present and was classified as an independent contractor can request to join the case. To do so, fill out and sign a Consent to Sue form and return it to Getman, Sweeney & Dunn, PLLC to file in the case. The Consent to Sue form is available here. You can sign the Consent to Sue and return it to Getman, Sweeney & Dunn for filing by downloading and filling it out the Consent to Sue form and faxing, emailing, or mailing it to Getman Sweeney. You can also fill out the Consent to Sue form online here.
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Answers to Common Questions - Posted January 22, 2020
What claims are covered in this lawsuit?
The lawsuit claims that CRST treated so-called “owner operators” as independent contractors when they were really employees of CRST as a matter of law. As such, CRST failed to pay all the wages due, and made unlawful deductions from truckers’ pay for truck lease payments, gas, equipment, maintenance, insurance, tolls, Qualcomm, and bonding, etc.
What remedies are sought?
Under the federal minimum wage law, back pay and an equal amount of liquidated damages are claimed for each violation.
How far back can claims be made?
Generally, claims can be made for at least the three years preceding the date the complaint was filed. You are entitled to file FLSA claims (using the Consent to Sue form) for the period extending back three years from the date you file the form. Federal forced labor claims have a ten-year limitation period.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid if and when we win through a settlement or final judgment. When plaintiffs win a pay case, the defendant must pay the plaintiffs’ costs and attorneys’ fees.
Can I wait to file my Consent to Sue Form?
Your claims under the Fair Labor Standards Act are not covered in the case until your Consent to Sue form is returned to the plaintiffs’ attorneys and filed with the Court. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the “statute of limitation.”
Can CRST fire me or take action against me for joining the lawsuit?
The law prohibits retaliation for joining a pay lawsuit. If any employee suffers retaliation, CRST would be liable for double the injury caused by retaliation against an employee. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurs. Retaliation is extremely rare in overtime cases, because an employer can suffer such serious penalties.
What locations are covered by this lawsuit?
Past and present truckers driving for CRST as “owner operators” anywhere in the U.S. may be included in this lawsuit.
Who Are the Lawyers Representing the Plaintiffs in this Case?
Getman, Sweeney & Dunn, PLLC, Martin & Bonnett, P.L.L.C. Edward Tuddenham, and Lichten & Liss-Riordan, P.C. are representing the Plaintiffs in this case.