Articles Posted in drivers

Great news for delivery workers who should be classified as employees and not independent contractors. In a swift decision last week, the Massachusetts Superior Court enforced the Independent Contractor law and decided that it was not preempted by the Federal Aviation Administration Authorization Act (FAAA) of 1994. In Okeke v. Dynamex Operations East, Inc., the…

Are you required to pay the costs of operating your truck? Insurance, gas, repairs, paint, equipment? You may be entitled to all of it back, with triple damages. A delivery company that outsourced its deliveries to a variety of individuals and companies, was forced to recognize those drivers as employees and not independent contractors. This…

Drive a truck with a gross vehicle weight rating (GVWR) under 10,000 pounds? Then you are eligible for overtime. Importantly, the GVWR refers to the weight a vehicle can carry, not the weight it is actually carrying. The court decided that GVWR was more important than the actual weight, because the actual weight can easily…

Good news and bad for light-weight vehicle operators. A recent court case from Georgia (Dell’Orfano v. Ikon Office Solutions, Inc.) confirms that truck drivers operating vehicles weighing 10,001 pounds or less in interstate commerce must be paid overtime under the Fair labor Standards Act (FLSA). The first decision since the passage of the 2005 Motor…