Three former Celadon drivers are suing for employment misclassification — and they are hoping to turn their actions against the company into a class action suit that could impact thousands of other present and former drivers.
Drivers Say They Were Misclassified As Independent Contractors
The suit claims that Celadon illegally hired them as independent contractors instead of employees. They base this claim partially on the fact that Celadon required them to take drug tests and physical exams and to attend a three day orientation.
The lawsuit also claims that they made less than the federally mandated minimum wage because of unlawful pay withholding practices. They say that the company wrongfully deducted fuel costs, toll costs, and trailer lease payments from their paychecks. The drivers claim the Celadon paid them less than the hourly $7.25 per hour minimum wage.
The former drivers also say that Celadon forced them to sign contracts restricting them from driving for another carrier, which prevents them from increasing their income.
Lawsuit May Gain Class Action Status
The drivers have also applied for class action status in federal court — an act which could impact thousands of the company’s present and former drivers.
The drivers are seeking lost wages and damages. All three worked for Celadon for short stints of between two and four months before they quit.
Celadon has refused to comment on the lawsuit.
Sources:
Indiana Business Journal