ST. LOUIS — A Tennessee delivery truck driver has filed a class-action lawsuit against a moving company, citing alleged violation of workers' compensation acts.
Sammy Davis filed a complaint June 2 in the U.S. District Court for the Eastern District of Missouri against United Van Lines LLC, alleging that the defendant violated the Fair Labor Standards Act (FLSA) and the Missouri Minimum Wage Law (MMWL).
According to the complaint, the plaintiff alleges that he has been misclassified as an independent contractor after working for more than a decade with the defendant. The plaintiff claims employees were paid based on a percentage of the line haul, wherein wages depend on the amount the defendants received from customers and were required to pay for repairs, lease payments, fuel, labor and other expenses. The complaint also alleges that the plaintiff worked at least 16 hours a day. As a result, the plaintiff and other drivers were paid less than $7.25 for each hour that they worked and did not receive overtime compensation.
The plaintiff holds United Van Lines responsible because the defendant allegedly failed to pay employees for all hours worked, failed to pay overtime compensation, failed to track employees hours beyond the hours tracked by the US Department of Transportation and failed to pay the minimum wage as required by law.
The plaintiff requests a trial by jury and seeks award for damages for compensation, costs and expenses, including attorneys' fees and expert fees, pre- and post-judgment interest and all such further legal and equitable relief as the court deems just and proper. He is represented by John F. Edgar and Matthew T. Swift of Edgar Law Firm LLC in Kansas City, Missouri.
U.S. District Court for the Eastern District of Missouri case number 4:17-cv-01614-RLW