Port Truck Drivers are Misclassified as Independent Contractors and Seek Compensation Against Unscrupulous Employer

On May 6, 2015, Jose Vasquez and Elmer Montoya each filed class action lawsuits against Sterling Express Services, Inc. alleging that the company misclassified its truck drivers as independent contractors and made improper withholdings and failed to pay appropriate wages. The lawsuits were filed in the Los Angeles County Superior Court, Compton Courthouse (case numbers TC028060 (Vasquez) and TC028058 (Montoya)).

The attorneys for Mr. Vasquez and Mr. Montoya are Ryan Saba and Maria Starn of RosenSaba, LLP. Mr. Saba states: “The blatant violations of the California Labor Code will no longer be tolerated by the truck drivers and they are due compensation for the hard work.”

The port truck drivers at the Port of Long Beach serve the nation’s largest port complex. The truck drivers are understandably fed up with companies like Sterling Express Services, Inc. who improperly take advantage of truck drivers for profit and gain without fully and appropriately compensating their employees. The truck drivers received checks for their work, but the company improperly withheld deductions to make the drivers pay for truck related costs, including leasing the truck from the company, fuel, registration, parking and more. These are illegal deductions from employee wages.

This lawsuit is in response to the California Labor Commissioner’s decision that drivers at the Los Angeles and Long Beach ports are misclassified of Independent Contractors and ordered reimbursement of improper wage withholdings. The Labor Commission held that Mr. Vasquez and Mr. Montoya were each “in fact an employee rather than an independent contractor” and that the activity of Sterling Express regarding payment of wages is regulated by the California Labor Code. According to Mr. Saba, “Mr. Vasquez and Mr. Montoya look forward to their day in court so that they can fight for their rights and lawful wages.”

Contact:
Kristen Marquis Dennis
WebPresence, Esq.
13428 Maxella Ave. #445
Marina Del Rey, CA 90292
(310.906.0935)

RosenSaba, LLP: Integrity. Creativity. Diligence. Success.

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