U.S. District Court, Northern District of California
Leonard Carder and co-counsel represent approximately 60 drayage truck drivers in two cases against defendant CSX Intermodal Transportation, Inc. The drivers, who drove throughout Southern and Northern California, entered into contracts with CSXIT that labeled them “independent contractors.” We believe that label is improper, and that drivers worked as employees of CSXIT. Because the drivers carried out CSXIT’s core business–delivering and picking up freight containers–and because CSXIT controlled how and when that work was to be performed, we believe the drivers were employees entitled to the protections of California’s Labor Code and wage order.
If the court finds that the drivers were employees under the law (the contract label does not determine their status as employees), then California law required CSXIT to pay for the drivers’ out-of-pocket costs running their truck tractors (including fuel, maintenance, repairs, insurance) and other business-related expenses (including costs of the tablet, cell phones, and other forms of insurance), and to provide off-duty meal and paid rest periods, among other things. The drivers’ claims in the lawsuits seek to recover, among other things, the work-related expenses they incurred, one-hour of pay for each day CSXIT failed to provide them an off-duty-meal period of at least 30 minutes, and an additional hour pay for each day they did not receive a paid, off -duty rest period. The two cases are being litigated in the U.S. District Court, Northern District of California.