Biller & Kimble is proud to announce that a federal court in Cincinnati has approved a $200,000 settlement to be shared by twenty delivery drivers who worked for United Courier, a Cincinnati-area courier service, between June 9, 2014, to September 7, 2022. Each class member’s award will vary based on the number of hours they worked and the deliveries they performed during that time period. After subtracting attorneys’ fees, costs, and an incentive award for the named plaintiff, each driver will receive, on average, $5,593.83.
United Courier classifies their delivery drivers as independent contractors, rather than employees. Employees are guaranteed minimum wage and overtime, independent contractors are not.
Sutton v. United Courier was filed on June 9, 2020, alleging that United Courier misclassified their delivery drivers as independent contractors, because they were, in reality, employees—guaranteed the rights and protections that employees are entitled to.
For instance, if a driver worked more than forty hours in a single week, the Complaint alleged they did not receive increased overtime pay due to their classification as an independent contractor rather than an employee.
Additionally, United Courier required drivers to provide their own vehicles to complete the company’s deliveries. But, because they were classified as independent contractors, did not reimburse delivery drivers at all for their vehicle expenses. Plaintiffs alleged that policy resulted in the drivers “kicking back” pay to the company, causing drivers to make less than the minimum wage.
Further the drivers claimed that these practices resulted in other violations of Ohio and Federal law.
We achieved what we believe is an outstanding settlement, especially when we consider that this settlement was on behalf of only twenty workers. This case is just one of many class action lawsuits that Biller & Kimble have successfully settled on behalf of delivery drivers.
Unfortunately, many companies misclassify their workers as independent contractors—usually to save money. If you are an independent contractor, but the company you work for treats you like an employee, you may be misclassified.
If you want a free and confidential consultation to discuss, contact our firm. We can help you understand your wage rights and determine if we are able to represent you.
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ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.