Anyone in New Jersey who worked as a truck driver for Goya Foods, Inc. as an independent contractor or owner operator.
What’s Going On?
A class action lawsuit has been filed alleging that Goya is misclassifying its truck drivers as independent contractors and, as a result, making unlawful deductions from their paychecks. Attorneys working with ClassAction.org are looking further into the allegations and would like to speak to those who drove for Goya in New Jersey as part of their investigation.
What You Can Do
Fill out the form on this page. One of the attorneys handling this investigation may then reach out to you directly to explain more about your options and what you can do.
How Could a Lawsuit Help?
A lawsuit could help delivery drivers for Goya recover any money that was illegally withheld due to the alleged misclassification.
A proposed class action lawsuit has been filed in New Jersey alleging that Goya Foods, Inc. has illegally classified some of its truck drivers as independent contractors when they’re actually employees.
As a result of the alleged misclassification, the workers claim they’ve had money unlawfully taken out of their paychecks and deserve to be paid back.
If you delivered for Goya as an independent contractor in New Jersey, attorneys working with ClassAction.org want to hear from you. Fill out the form on this page to learn more about what you can do.
What’s Allegedly Being Taken from Drivers’ Pay?
Goya is alleged to have unlawfully deducted costs and fees associated with drivers’ leasing of their vehicles, including expenses related to:
Trailer rentals and other equipment
Drivers also claim they had administrative fees, as well as costs for returned and damaged products, deducted from their pay. The suit claims that these deductions violate New Jersey state law.
Why Would a Company Call Me a Contractor Instead of an Employee?
The lawsuit argues that Goya attempted to designate its drivers as independent contractors to “hide the true employee status of these workers.” Some companies have been accused of misclassifying employees as independent contractors in an attempt to save money, as contractors are not entitled to the minimum wage, overtime pay and other employment benefits.
According to the suit, Goya had direction and control over its drivers – as if they were employees – but still classified them as contractors, deducting business expenses from their paychecks and denying paid time off, vacation pay and holiday pay.
Lawsuit Argues Drivers Are Employees, Not Contractors
The lawsuit points out a number of reasons why Goya’s delivery drivers are not truly independent contractors under the law, including that the workers are:
An “integral part” of the business
Not performing work outside Goya’s normal course of business
Directed by Goya regarding delivery stops, shipments and work schedules
Given an XRS handheld device by Goya that tracks location, hours and mileage
Not using their trucks for other clients
Required to get pre-approval for time off
It is important to note a number of factors must be considered when classifying a worker as an independent contractor.
Just because a worker is called a “contractor” by their employer doesn’t mean that’s how they should be classified under the law.
How Could a Class Action Lawsuit Help?
A class action lawsuit could help Goya drivers in New Jersey get back the money that was wrongfully deducted from their paychecks. Further, a successful case could force Goya to change the way it classifies its truck drivers.
If you drive for Goya in New Jersey as an owner operator or independent contractor, learn more about your rights by filling out the form on this page. After you get in touch, one of the attorneys working with ClassAction.org may reach out to you directly to explain more about what you can do.