What's new

ODFL | Truckers Win $3.4M Settlement in Unpaid Overtime Class Action Lawsuit

B

buckeye

TB Lurker
Credits
182
Home > Settlements > Truckers Win $3.4M Settlement in Unpaid Overtime Class Action Lawsuit
Truckers Win $3.4M Settlement in Unpaid Overtime Class Action Lawsuit

September 3 2014

18125s.jpg
Los Angeles, CA: A $3.4 million preliminary settlement has been reached in anunpaid overtime class action lawsuit pending against Old Dominion Freight Line Inc. The lawsuit, brought by over 500 drivers , alleged the shipping company failed to compensate its drivers for working more than 40 hours a week and failed to provide legal duty-free meal breaks and rest periods.

The lawsuit was originally two separate lawsuits filed in 2013 by plaintiffs Marco Rodriguez and Allan Turnage respectively, they were amalgamated. Rodriguez, employed by Dominion from March 201 to January 2012, claimed in his suit that Old Dominion improperly listed him as a “part-time” worker even though he regular worked 50 or 60 hours per week. Rodriguez alleged the company implemented a policy of only paying drivers overtime for shifts of 13 hours or more, which violated state labor laws.

Employed by the company from March 2010 until January 2012, Turnage’s allegations, who was an Old Dominion employee from 2009 until 2011, include the claim that the company denied him duty-free meal and rest periods and required him to monitor his truck, which often contained hazardous materials, while eating, among other claims.

The motion to approve the settlement seeks provisional certification for a settlement class of at least 576 non-exempt current and former Old Dominion employees in the state of California that worked as pick-up and delivery drivers from January 7, 2009, until the date the deal receives preliminary court approval, according to court documents.

According to the terms of the settlement, an average payment of $4,232 would be made to each of the class members, after costs and deductions. Additionally, Rodriguez and Turnage would receive a total of $10,000 for their roles as lead plaintiffs, and $10,000 would be given to the California Labor and Workforce Development Agency under the Private Attorney General Act.

The case is Marco Rodriguez et al. v. Old Dominion Freight Line Inc. et al., case number 2:13-cv-00891, in the U.S. District Court for the Central District of California.
 
Is California one of those states that requires trucking companies to pay OT after 40?
 
The way this company grows in business, they couldn't keep up with hiring drivers to get them below 43 hours a week. I don't know why the country is so concerned on jr burger flipper making 15 an hour while trucking companies are stealing from drivers every week by not paying them OT after 40. It's a job like any other.
 
kenneth said:
Shoot,we would never see over 40 a week.So sad!!Term's alway's looking at that bottom line..
Click to expand...

If it were law nationwide, you would see over 40. They couldn't and wouldn't hire enough employees to keep everyone at 40. Too much cost for health insurance to hire that many people. I think you would have a shot to get it now, what with the looming driver shortage on the horizon.
 
BillyLo said:
The way this company grows in business, they couldn't keep up with hiring drivers to get them below 43 hours a week. I don't know why the country is so concerned on jr burger flipper making 15 an hour while trucking companies are stealing from drivers every week by not paying them OT after 40. It's a job like any other.
Click to expand...
Burger flippers don't make 24 bucks an hour,nor do they have the option of making 300.00-400.00 bucks on an extra line run.I wouldn't expect many tears to be shed for P/D drivers here.
 
It says alot about a company that pays its drivers ot after 40 and one that will compensate for all work done like delay,breakdown,fueling,drop and hooks, pre and post trip. Real pay not 1.50 or 7.50 just another way to take from dumb truck drivers (so someone thinks) and put the $ in their pockets.OD WANTS TO BE THE BEST LTL AND I FEEL THEY ARE SO WE SHOULD BE PAYED LIKE WE OUR.
 
Freightsup said:
The bottom line in my book is this. No one forces me or anyone else to work here, you knew what you signed up for when YOU applied, and if you don't like it, YOU always have the option to leave.
Click to expand...

This is very true. However, this company asks a lot of it's city and dock labor. 50-55 hours a week is a lot to ask of anyone when you think of the amount of pressure a city driver has to work under to efficiently deliver and pick up freight without accident or injury. You're giving almost half of your life up to help the company operate. It's unfair that the government doesn't view truck drivers as skilled labor when a guy working in a warehouse is and falls under the fair labor standard act and gets overtime after 40. I would venture a guess that the same guy operating a forklift would need some training to do what we do. Our job takes skill.

For OD to cement itself even more as the premier ltl carrier that is the envy of the entire industry, I think it would do them well to compensate hourly employees with overtime. We have great employees already. Can you imagine how much stronger a position the company would be in with the looming driver shortage if they did offer overtime? They would have even more ability to handpick the best of the best. They are already operating at unheard of profits. Overtime would not break them.
 
Last edited:
DayliteDean said:
Burger flippers don't make 24 bucks an hour,nor do they have the option of making 300.00-400.00 bucks on an extra line run.I wouldn't expect many tears to be shed for P/D drivers here.
Click to expand...

One more thing I thought of here, an extra line run is great and all, but to do that you've got a dude that's already working 50-55 hours a week to work an additional 10-12 hours in a week. That's getting close to 70 hours worked in a week, and working 6 days out of the week. That's too much time at work. Even running team linehaul we usually only work 5 1/2 days.
 
Fairly sure there will be changes to compensation in the future. Overtime continues to be debated, and it should be paid. Then there is a study going on to determine if being paid hourly is safer. On top of that there are rumors that within a few years dropping, hooking and pretrips may count toward drive time. There will be changes of some kind eventually. As linehaul i'm not real concerned about overtime. But I don't think it's right that our dock and mechanics do not get overtime.
 
I agree with Century Class.Again you will never see it&if we did our hours would be cut.Song how long you been with OD local&road???Just wondering.The one who have been here for along time that really know how OD operates will tell you again&again you will never see it.Something's you just learn to accept&go on.If you don't like it go somewhere that does&see how many hours you get then
 
Songremainsthesame said:
Why not? What are your reasons? Just giving a blanket statement like that is a cop out. It almost seems that you don't want overtime.
Click to expand...
Something's you just leave the hell a long.Told before&a very true statement.If you like where you work you keep your mouth shut..Just saying.Not a cop out.I take that personal song.I love OT &got plenty of it before coming to work for&I have seen 1st hand what OT does when your hour's get cut.I would rather know I can get my 50-55 a week.Not worry about it.I'm telling you if they start having pay OT you will never see it&hour's would get cut.Ask any guy who has been here for a while& they will tell you the samething.Each Terminal look's at there bottom line&if they start'd paying OT each City driver,Dock worker&mechanic whould be push'd for more productivity&less hour's to get it done.I think I would rather keep it like it is now.Laid back&no-one telling me to hurry up.Just a side note there my friend .I remember how you act'd when you was on Conway&under your old name.You are getting that way again.Trying to push the envelope.Everyone has there opinion's&that's there deal.But,don't try to force issue's&call people out.Thank You my friend.
 
I'm sorry you took offense to what I said. I wasn't intending it that way. Just seemed odd that your first response was essentially "not going to happen, move along". I feel it important for everyone to see all angles on this deal. You gotta remember that health benefits are getting more expensive every year and simply hiring more drivers/dock/mechanics isn't as financially viable as it used to be. Food for thought. All this is pissing in the wind as OD is still well within their legal rights to pay us as they do. All that aside, I know how hard city work is. You guys deserve every dime you can get.

Now it's my turn to take some offense. I wasn't aware that I am unable to hold a differing opinion and express that opinion. If you feel what I said as calling you out then I apologize, but just because I don't tow the company line all the time shouldn't open me up to being called out either. All I'm trying to do is create discussion. There's nothing wrong with that, and if you think anyone in Thomasville reads this and has a problem with what I say, then I would be surprised. First amendment still is valid in this nation and I haven't said a word to slander Old Dominion.
 
You must log in or register to reply here.
Top