Los Angeles and Long Beach Port Truck Drivers File Class-Action Lawsuit to Recover Stolen Wages

The Wage Justice Center filed a class-action lawsuit on behalf of an estimated 100 port truck drivers who were mis-classified as “independent contractors” and systematically denied basic labor protections.

The drivers allege serious violations, including nonpayment of minimum wages, by a cluster of intertwined companies operating under various names, including: “QTS, Inc.”, “WinWin Logistics Inc.”, and “Laca Express Inc.”

The lawsuit, filed with the Los Angeles Superior Court on February 22, 2013, alleges that drivers worked punishing hours while frequently earning less than minimum wage due to illegal paycheck deductions.

The lawsuit also alleges a violation of a new state law that prohibits willful mis-classification of employees as independent contractors for the purpose of evading labor protections.

Plaintiff Cuahutemoc Cabuto explains: “I filed this lawsuit because I wanted to fight back against the injustices at this company. I work all the time, day and night, and have no money left to take home after all the deductions the company takes out of my paycheck.”

The vast majority of truck drivers working in the Ports of Los Angeles and Long Beach, the largest port complex in North America, are classified as independent contractors. Advocacy groups such as the Los Angeles Alliance for a New Economy (“LAANE”) and the Coalition for Clean and Safe Ports contend that most of these drivers are mis-classified.

Driver mis-classification allows law-breaking companies to reduce costs by 30%-40%, as they do not pay payroll taxes, giving them an unfair advantage over law-abiding companies. Additionally, drivers are deprived of key rights, including minimum wage, unemployment, and the right to form a union.

Workers like those who filed this lawsuit are demanding fair treatment and respect for their basic legal and human rights.