Alameda County Superior Court
Leonard Carder represents pick up and delivery drivers (“Drivers”) in a proposed class action against Daylight Transport, LLC in Alameda County Superior Court. We seek to represent hundreds of Drivers who have made local deliveries and pick ups for Daylight’s customers. Like many others in the transportation business, Daylight’s Drivers are labeled as “independent contractors” by the company that requires them to sign a non-negotiable contract. Our clients allege that this label is improper and that they are Daylight’s “employees” because they perform the precise delivery work that Daylight conducts and because the company has the right to control how the necessary details of how the work is performed. If the court certifies the class and finds the drivers to be employees, they will seek to recover a wide range of damages, including truck- related expenses, minimum wage for time not paid through the “piece rate,” and premium pay for missed meal and unpaid rest breaks.
Daylight has attempted to move this case to arbitration. The Court denied Daylight’s motion in March 2019, but Daylight has appealed that decision. Leonard Carder continues to press the litigation on all fronts while the appeal is pending.