ERISA Class Action Alleges C.R. England Wields Too Much Control Over ‘Independent’ Truck Drivers

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A proposed class action filed in California claims defendants C.R. England, Inc., C.R. England, Inc. Profit Sharing, and three entities responsible for the administration of the trucking company’s health and welfare benefit plan engaged in a scheme to undermine protections afforded by the Employee Retirement Income Security At (ERISA). The 29-page lawsuit alleges that despite promising to treat its truck drivers as independent contractors—and thusly granting the rewards that come with effectively owning a business—C.R. England “never honors its promise of independence” since it allegedly retains the right to “exercise control over the manner and means by which the truck drivers conduct every material aspect of their business.”

According to the lawsuit, the defendants unlawfully handcuff drivers to transport goods only for C.R. England, as well as retain exclusive control of pick-up and delivery locations, compensation, and routing.

“Regardless of how C.R. England characterizes its relationship with its truck drivers, it hires them as at-will employees for an unlimited duration, giving both C.R. England and its truck drivers the ability to terminate the employment relationship at any time,” the complaint reads.

Given truck drivers’ true employment status with the defendants, the lawsuit argues proposed class members should be afforded the same retirement and health benefits given to all other C.R. England employees pursuant to their pension and welfare benefit plans.