What distinguishes truck drivers as independent contractors? A federal court is set to hear arguments in a class action claiming one company incorrectly used the classification to avoid paying proper wages under the law. The action in the Ninth Circuit Court should be instructive if not the final word on the complex matter which has been judged inconsistently by courts across the nations.
- Arizona, Senior U.S. District Judge John W. Sedwick stayed a proposed class action against Swift Transportation Co., Inc.
- Plaintiffs alleged that Swift Transporation incorrectly classified them as independent contractors and failed to pay them proper wages.
- The Swift Transportation case will be instructive in determining whether truckers can be treated as independent contractors as opposed to employees.
“While the Swift Transportation case will be instructive in determining whether truckers can be treated as independent contractors as opposed to employees, the lack of consistency among the circuits means that independent truckers will continue to be subject to challenge.”