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$1.1M Settlement for Western Express California Driver Wage Lawsuit western express pay Express foreclosed homes for sale tulsa to pay $1.1 million to settle a class-action lawsuit filed by allegedly underpaid California drivers. The lawsuit also claimed the company violated labor law by failing to provide rest and meal breaks.
Plaintiffs Requested Preliminary Approval:
The plaintiffs requested a California federal judge grant preliminary approval of the settlement on February 26, 2020. The settlement agreement with Tennessee based Western Express results in about 2,000 California drivers that worked approximately 20,000 weeks receiving a portion of the $1.1 million. The California Western Express truck drivers filed a civil complaint in May 2018 alleging their per-mile rate of pay fell below the state and federal minimum wage rate. Western Express allegedly failed to provide mandated meal and rest periods and also failed to pay for “other time” the drivers spent working.
California Drivers Allege Wage and Hour Violations:
The plaintiffs in the case alleged that Western Express paid their drivers by mileage without consideration for all the required pre-trip and post-trip inspection job duties, waiting time (subject to employer control), and additional time performing work duties outside of drive time. Drivers argue that failing to pay for the job duties outside of drive time is a violation of California labor law. In addition to failing to pay for hours worked outside of drive time, the drivers claim the company failed to pay for 10-minute rest periods, which is a tfcu bank locations of California labor law. Truckers were required to remain under company control without pay, which caused low wages western express pay allegedly fall well below the minimum required by law. Truckers are expected to western express pay on assignment for over 24 hours at a time. And at times, California truckers were confined to the general vicinity of their vehicle for over 24 hours consecutively.
Western Express How long do you hard boil eggs for easter Faced Similar Allegations in the Past:
This isn’t the first time drivers have sued Western Express to protect their rights as employees. And it’s not the first time Western Express settled with a group of drivers filing a trucker wage lawsuit. Last year the company settled a suit in Tennessee federal court for $4 million after five years of litigation. More than 4,000 drivers joined the 2014 lawsuit making several claims including:
Failure to compensate new drivers for required hours spent in orientation
Failure to pay drivers for travel time during normal business hours
Failure to pay new hires for all hours worked while completing the required over-the-road training program
Failure to pay drivers for all hours worked
Past Western Express Settlement Amount and Distribution:
Each class member in the 2014 Western Express wage and hour suit received a flat $50 payment plus an additional payment amount dependent on weeks worked. On average, drivers received $450 each after fees, costs, and administrative charges were covered. The payment included about 30% of potential damages related to per diem and sleeper berth western express pay. One-third of the 2014 Western Express settlement amount paid for attorney fees.
The Latest Western Express Settlement Amount and Distribution:
If approved, the latest Western Express driver wage suit settlement of $1.1 million will see about $636,000 distributed to class members. About 30% will cover attorney’s fees. The Labor Workforce and Development Agency will receive $37,500. Expenses related to the administration of the settlement total $30,000. Named plaintiffs will each receive an additional payment of $10,000. The preliminary approval hearing for the settlement is scheduled for March 30, 2020.
If you need to discuss how to file a wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
About Lynden: Shipping to Alaska and Worldwide
Lynden is a family of transportation and logistics companies built around a common goal - to develop long-term, mutually beneficial relationships with our clients. While some Lynden companies call the Pacific Northwest and Alaska home, we have offices around the world. Regarded as experts on Alaska shipping, the reach of our services extends around the globe and across many industries.
Lynden began with a clear mission: put the customer first, deliver quality, be the best and have fun doing it. Lynden Transport pioneered trucking to Alaska via the Alcan Highway in 1954. Today, Lynden operates multi-modal services to, western express pay and within Alaska with global air cargo and freight forwarding services. But our mission remains the same. We believe that complex transportation problems can be solved in the hands of the right people, with the right tools and the right experience.
Lynden has built a reputation of superior service to diverse industries including energy, mining, construction, seafood, retail and manufacturing. The combined capabilities of the Lynden companies includes truckload and less-than-truckload transportation, scheduled and charter barges, intermodal bulk chemical hauls, scheduled and chartered air freighters, domestic and international forwarding and customs services, sanitary bulk commodities hauling, and multi-modal logistics. Our service to, from and within Alaska is unrivaled. We have been shipping to Alaska for more than 60 years and have the most extensive network of transportation centers. We have also used our knowledge of challenging environments and multi-modal services to serve such areas as Western Canada, Russia and Hawaii. We go wherever and western express pay customers need us.
Lynden offers customers a range of technologies and tools, whether you are looking for a quick update or want to capture data and translate it into detailed reports. Sign up to receive automatic email alerts with status updates on your shipments. Wherever you are shipping, Lynden's EZ Commerce lets you book shipments online and provides the tracking information you need from origin to destination with the ability to view signed delivery receipts and other documentation. Our reporting feature allows customers to choose from a variety of reports or create their own and share shipment data with others. Lynden also offers a mobile app where customers can track and manage shipments on the go, without having to remember a tracking number!
The Lynden family of companies delivers a completely integrated freight transportation package. Our people coldwell banker upchurch realty athens ga the knowledge to solve any multi-modal transportation problem and can guide you through the entire process. From origin to destination, over any terrain, managing freight to Alaska or to anywhere in the world, Lynden provides innovative shipping solutions to meet unique needs, keeping you in control while providing services no other company can match.
Pierre Cormier, et al. v. Western Express, Inc., et al.
Counsel:Justin Swidler, Richard Swartz
On January 13, 2014, four over-the-road truck drivers of Western Express filed a federal lawsuit in the United States Courthouse for the Middle District of Tennessee in Nashville, asserting that Western Express violated the Fair Labor Standards Act by failing to pay them and other over-the-road truck drivers the minimum wage for all hours worked. Western Express denies the allegations in the lawsuit and asserts it complied with the Fair Labor Standards Act.
Earlier this year, the Court ordered that all individuals who worked for Western Express as an over-the-road truck driver from January 1, 2013 through March 31, 2015 be provided notice of the litigation through the mail. You may submit a consent form below if you have worked for Western Express best mortgage refinance rates in texas the applicable time period. However, the Court-ordered deadline to submit a consent form was October 7, 2015. That deadline has now passed. Because that deadline has passed, it is possible that a consent form filed today will ultimately not be accepted by the Court. If this were to occur, you may be able to file your own case. To protect your rights, you can file a consent form below, and we will submit it to the Court for consideration.
Tennessee trucking company settles for $4M in driver wage lawsuit
Nashville, Tenn., trucking company Western Express has agreed to pay thousands of drivers a total of nearly $4 million in a settlement for a class action driver wage lawsuit. The lawsuit accused the company of intentionally failing to compensate drivers for hours worked.
On Jan. 11, Western Express reached an agreement with the drivers for $3.825 million five years after the driver wage lawsuit was filed. The trucking company agreed to the amount while denying liability and disputing damages.
On Jan. 13, 2014, drivers for Western Express filed the lawsuit, claiming the company violated the Fair Labor Standards Act. More specifically, the lawsuit claims drivers were not paid the federal minimum wage as a result of Western Express:
- Failing to compensate newly hired drivers for time spend during its initial orientation program.
- Failing to compensate drivers for travel western express pay spent traveling during normal business hours.
- Failing to compensate newly hired drivers for all compensable time worked during its over-the-road training program.
- Failing to compensate drivers for all compensable hours.
Newly capital one bank new york drivers were required to attend a multiple-day orientation program in locations throughout the United States, according to the lawsuit. Classes ran nine or 10 hours per day for approximately one week. Plaintiffs in the case were not paid for the orientation period.
After orientation, certain drivers were required to participate in an over-the-road training program that lasted for at least 30 days. Plaintiffs in the case were paid a flat salary of $375 per workweek for all work performed during the training program. During the training program, drivers were required to remain on the road or in the general proximity of their truck western express pay than 24 consecutive hours.
According to the driver wage lawsuit, the maximum amount of time an employer may dock an employee who is on assignment for more than 24 hours for sleeping and meal periods is eight hours per day. The remaining 16 hours per day is work time and must be paid. Due to western express pay duties that rendered drivers continually on assignment, plaintiffs argued they should have been paid 16 hours a day, or $116 per day at the federal minimum wage.
The $375 weekly salary is the equivalent of 51.72 hours of minimum wage work. However, plaintiffs claim that they worked significantly more than 52 hours per workweek.
Veteran drivers or drivers who have completed the training program were paid a per-mileage rate. Western Express paid one driver 14-22 cents per mile, another 18 cents per mile and a third driver 14 cents per mile. Calculated by averaging number of hours worked per week, per-mile drivers were paid less than minimum wage.
Using the same formula and logic as the trainee drivers, plaintiffs argued that per-mile drivers should western express pay $116 per day. However, at least one driver was paid only $181.72 in gross earnings for the week after driving 1,300 miles during a seven-day period, the equivalent of 25.06 hours at minimum wage.
Eventually, more than 4,000 drivers and former drivers joined the lawsuit. Each class member will receive a flat $50 payment plus an additional pro-rated amount for each week worked. The settlement will provide an average of $450 per driver, after fees, costs and administrative expenses are paid, but before taxes. The money includes approximately 30 percent of potential damages on sleeper berth and per diem claims. Attorney fees will account for one-third of the settlement of the driver wage lawsuit.
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Book ahead and save over 50% on train tickets at GWR.com
Average saving calculated by comparing Advance Single Standard Class ticket prices to the equivalent price of a Standard Class Super Off-Peak ticket bought on the day of travel. Advance fares are subject to availability. Selected GWR routes only. Advance fares available from up to 11 weeks prior to travel. Savings correct as of September 2020. Terms and conditions apply.Price advertising
One-way fares quoted subject to availability. Select GWR routes only. Advertised fare based on an Advance Single or Off-Peak Single or Return ticket from origin to destination stations quoted. Advance fares available from 6 weeks for weekend(s) and 11 weeks for weekday(s) prior to travel. Off-Peak fares also available on the day of travel. Correct as of 19 July 2021.
Save 1/3 with a Railcard
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Dartmoor Line Reopening campaign
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Employment TypeCompany Driver
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- Valid CDL-A
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*Subject to change without notice. Some restrictions may apply. Call for details.
Licence RequiredClass A