Truck Driver Files Lawsuit Against Forward Air Over Unpaid Wage Claims
Last Updated on August 14, 2020
Important Information
Attorneys working with ClassAction.org are no longer investigating this matter. The information here is for reference only. A list of open investigations and lawsuits can be viewed here.
Case Update
- August 14, 2020 – Investigation Closed
- Thanks to everyone who helped contribute to this investigation. At this time, attorneys working with ClassAction.org no longer need to hear from Forward Air drivers. If you have concerns regarding your rights, please contact an attorney in your area.
For our open list of investigations, please visit this page. The information below is for reference only.
At A Glance
- This Alert Affects:
- Current and former truck drivers for Forward Air Transportation Services, Inc.
- What’s Going On?
- A lawsuit has been filed alleging that Forward Air Transportation isn’t paying its drivers properly. Now, attorneys working with ClassAction.org want to speak to more drivers to help strengthen the litigation.
Attorneys working with ClassAction.org would like to speak to any truck driver who worked for Forward Air Transportation Services, Inc.
A lawsuit has been filed alleging that the company took advantage of its truck drivers and cheated them out of proper pay – all while prohibiting them from driving for anyone else. Now, more people are needed to come forward to help strengthen the litigation. Read on for more.
Why Was Forward Air Sued?
The lawsuit alleges that Forward Air misclassified its truck drivers as independent contractors when they were actually employees.
What’s the Big Deal?
Employees are entitled to the minimum wage for each hour worked, among other benefits, while independent contractors are not. By misclassifying its drivers as independent contractors, Forward Air has been able to pay drivers less than the minimum wage, according to the suit.
Specifically, the lawsuit claims, Forward Air deducts business expenses – such as truck lease payments and insurance – from drivers’ paychecks, willfully reducing their effective hourly pay rates to far below the minimum wage. It has even been alleged that some drivers ended up the in red after all business costs were deducted.
What Could I Get Out of a Lawsuit?
Drivers may be able to get back the difference between what they were paid and what they should have been paid.
For instance, the plaintiff in the case claims that during one week, his total wages came to $2,844.86. For that same week, Forward Air allegedly deducted $2,569.45 from his wages for the following costs:
- Truck lease
- Escrow set aside for truck maintenance
- Plates
- Insurance
- Fuel
The driver claims that, after these deductions, he was left with $275.41 for his week’s work. Assuming his average speed – with stops – was 40mph, his hourly wage would come to $6.85, significantly below the federal minimum wage of $7.25 per hour, the suit alleges. Further, the lawsuit claims, this estimate does not factor in administrative tasks, sleep time and other compensable time – meaning the plaintiff’s effective hourly wage was even less.
If the suit is successful, drivers may be able to collect the difference between their effective hourly rates and the federal minimum wage for each hour they spent working for Forward Air during the last few years.
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