As the issue of independent contractor misclassification becomes more and more prevalent, rampant employment misclassification has become a frequent occurrence in the delivery, distribution and logistics industry. In a recent decision in the U.S. District Court for the District of Massachusetts, the Court held that delivery drivers for a delivery and logistics company were improperly classified as independent contractors rather than employees.
Specifically, the Court decide that:
“The facts of this case show that the plaintiffs do qualify as employees under Section 148B. They worked as individual truck drivers performing full-time personal services exclusively for HDA. They did not manage any delivery operations beyond their personal (individual) work for HDA. HDA also dictated that the drivers were required to hire a helper, who had to wear the Sears and HDA uniform, and undergo drug and background testing performed by HDA.”
If you are a delivery driver and work for a delivery and logistics company, you almost certainly are required to be treated as an employee. If the company you work for is not doing so, then you are losing money every single day. To learn more about whether you are properly classified as an independent contractor, please feel free to contact Attorney Shafran at any time.