Illinois employee driver v. contractor lawsuit now a class action fight
A federal judge granted class action status to a lawsuit against Risinger Brothers Transfer Inc. alleging driver misclassification.Summary
A U.S. District Court judge has granted class action status to a lawsuit against Illinois-based carrier Risinger Brothers Transfer Inc. The lawsuit, led by driver Michael Contreras, alleges that the company misclassified drivers as independent contractors rather than employees to avoid minimum wage requirements under the Fair Labor Standards Act (FLSA).
The plaintiffs argue that Risinger exercises significant control over drivers—such as requiring specific delivery windows and providing assignments through dispatchers—while making heavy deductions for fuel, insurance, and maintenance. These deductions allegedly result in drivers receiving pay below the legal minimum wage for their hours worked.
While Risinger argued that a class action is inappropriate due to the diverse roles of its various contractor categories, Judge Jonathan Hawley ruled that the plaintiffs met the modest evidentiary burden required to proceed. The court noted that the specific differences in driver categories may be addressed later during the damages phase, but they do not prevent the collective class notice at this stage.
(Source：FreightWaves)