Court Rules Truck Drivers May Be Employees Not Independent Contractors
- Article Information
- Published on Wednesday, 02 February 2011 08:20
In this case, two truck drivers, who are members of the Teamsters Union, filed a wage and hour class action lawsuit against their employer, Bridge Terminal Transport, Inc. The truck drivers allege that they were employees of Bridge Terminal, hired to transport cargo between ports and the facilities of the company's customers. They also allege that Bridge Terminal Transport improperly classified them as independent contractors and thus failed to pay them minimum wages, failed to pay them all wages due upon discharge, and failed to provide them with itemized wage statements. The trial court granted summary judgment in favor of the employer holding that the truck drivers were independent contractors. However, on appeal the court reversed the trial court, holding that the case involves conflicting evidence that must be weighed by a trier of fact. The court noted that although the company argued that it did not control the manner and means by which the truck drivers hauled their loads, and that they did drive their own trucks, pay their own expenses, and decide when and where to take breaks, Bridge Terminal Transport executed a collective bargaining agreement which represented the truck drivers as "employees" and the company issued W-2s to the truck drivers and offered health benefits. The court thus concluded that "a reasonable trier of fact, considering the totality of the circumstances, might reasonably conclude that plaintiffs were employees of defendant."...
Department Of Labor Releases FY 2011-2016 Final Strategic Plan
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- Published on Thursday, 14 October 2010 16:23
The Department of Labor (DOL) has released its Final Strategic Plan for the next five-year period. The document outlines the DOLs general goals, in addition to providing insight as to where its focus will be in terms of resources, enforcement efforts and regulatory activity. The Plan is outlined according to five strategic goals (1) Prepare workers for good jobs and ensure fair compensation; (2) Ensure workplaces are safe and healthy; (3) Assure fair and high quality work-life environments; (4) Secure health benefits and, for those not working provide income security; and, (5) Produce timely and accurate data on the economic conditions of workers and their families. The DOL Plan also provides goals, outcome goals and performance benchmarks for each of these areas....
Coca-Cola To Restore Health Benefits To Striking Workers
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- Published on Thursday, 02 September 2010 18:19
Coca-Cola has announced that it will restore health benefits to approximately 500 striking Coca-Cola Enterprises Inc. workers in Washington state. Lawyers for the workers recently filed a lawsuit against Coca-Cola alleging that the company violated the Employee Retirement Income Security Act (ERISA) when it suspended the workers' health benefits during a strike which began on August 24, 2010. The company maintains that it was within its legal rights to suspend the benefits. When the benefits are restored, employee contributions will be prorated to reflect the brief lapse in coverage....
