If you worked as a “Leased Driver” for TransAm Trucking and you were classified as an independent contractor and leased a truck through TransAm Leasing, this lawsuit may affect your rights.
Siro Smith Dickson PC, The Woody Law Firm, and Brady & Associates have filed a class action lawsuit seeking unpaid minimum wages and improper pay deductions on behalf of a class of over the road truck drivers against TransAm Trucking, Inc. The case is known as Blair and Davis, et al. v. TransAm Trucking, Inc. and was filed in the U.S. District Court for the District of Kansas.
If you worked as a “Leased Driver” for TransAm Trucking and you were classified as an independent contractor and leased a truck through TransAm Leasing, this lawsuit may affect your rights. In this suit, “Leased Drivers” who were classified by TransAm Trucking, Inc. as “independent contractors” rather than as “employees” and who leased trucks through TransAm Leasing, Inc. have sued claiming that TransAm improperly failed to pay them minimum wages and improperly deducted certain charges from wages due to the Leased Drivers.
On August 20, 2015, the Court conditionally certified this case as a collective action under the Fair Labor Standards Act (FLSA) on behalf of other Leased Drivers impacted by TransAm’s compensation policies or practices resulting in failure to pay at least minimum wages under the FLSA to the Leased Drivers. The Court also certified a class of Leased Drivers under Rule 23 of the Federal Rules of Civil Procedure for TransAm’s alleged improper deductions of charges associated with the Leased Drivers use of COMDATA cards, as well as TransAm’s failure to pay minimum wages to the Leased Drivers in violation of the Kansas Wage Payment Act.
Siro Smith Dickson PC, The Woody Law Firm, and Brady & Associates were appointed by the Court as lawyers for the Leased Drivers in the classes. Notice was mailed to Leased Drivers in the FLSA minimum wage class on October 8, 2015. This notice relates to claims under the Fair Labor Standards Act, a federal law that requires employers to pay at least the minimum wage to employees for all hours worked.
To participate in the minimum wage FLSA class certified in this lawsuit, Leased Drivers must fill out and return a “Consent to Join” form (copy linked below) and mail it postmarked by January 30, 2016 to Larry Blair v. TransAm Trucking, Inc., c/o Angeion Group, 1801 Market Street, Suite 660, Philadelphia, PA 19103.
If any Leased Driver fails to return the Consent to Join form postmarked by January 30, 2016, he or she will not be allowed to participate in any recovery for the FLSA minimum wage claims in this lawsuit and may be jeopardizing his or her right to sue on such claims in the future.
If Leased Drivers who receive the Notice do nothing, they will not be allowed to participate in the FLSA collective action. They will not be bound by any decision in this lawsuit. Therefore, they will not be entitled to any recovery should there be any for the FLSA minimum wage claims.
Click here to view the Notice
Click here to view the Consent to Join
Click here to view the Second Amended Complaint
Click here to view the Order Granting Class Certification
Click here to download Adobe Reader
How can I obtain more details about Blair and Davis, et al. v. TransAm Trucking, Inc.?
If you have additional questions about the Blair and Davis, et al. v. TransAm Trucking, Inc. lawsuit, or would like additional information, please contact our firm at 816-471-4881 or The Woody Law Firm at 816-421-4246 or Brady & Associates at 913-696-0925. You may also email us using the inquiry form below. Be sure to include a detailed message explaining your question. We will be back in touch with you as soon as possible.