Los Angeles, CA: Two Southern California-based drayage companies are facing California wage and hour class action lawsuits, both filed by a former port driver who worked for them. Both trucking companies move containers to and from the ports of Long Beach and Los Angeles.
In each of the class actions, the companies, Pacific 9 Transportation Inc. of Carson, CA., and Coast Bridge Logistics Inc. of Compton, CA, are accused of misclassifying drivers as independent contractors, failing to pay wages and overtime, and failing to provide meal and rest breaks to its employee drivers and crew members.
Filed on February 24th, 2014, by Victor Castro, who worked for both companies, the lawsuit seeks to represent current and former port drivers for either or both companies dating back four years prior to the filing dates of the lawsuits.
According to the complaint, both Pacific 9 Transportation and Coast Bridge Logistics employed Castro and others as independent contractors "even though the work performed and conditions of employment were that of an employee."
Further, the lawsuit states that the port workers drove company-owned trucks. The company "directs and controls the way the drivers perform their work, including controlling their schedule, where they deliver product and how they work."
According to Kabateck Brown Kellner LLP of Los Angeles, the attorneys representing Victor Castro, Pacific 9 pays its drivers a fixed price per delivery, but does not provide any employee benefits because they wrongfully misclassify them as independent contractors. In fact, the employees are controlled and cannot be reasonably characterized as independent contractors.
Castro is bringing these actions "to recover lost wages as a result of this wrongful practice."