Marten Transport Failed to Pay Drivers for Every Hour Worked, Lawsuit Says

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A proposed class and collective action claims long-haul truckload carrier Marten Transport, LTD has systematically failed to pay minimum wages and compensate truck drivers for every hour worked.

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The 25-page lawsuit alleges that Marten Transport pays drivers only for time spent driving and does not compensate them at all—not even minimum wage—during mandatory 10-hour layover periods, which are required daily by the Department of Transportation (DOT) for safety purposes. The suit argues that the drivers are still subject to Marten’s policies during these unpaid non-driving layovers because they are required by the company to remain in or around the immediate area of the truck and its “sleeper berth”—a cramped space with a bunk bed in the truck’s cab.

Under California law, drivers should be compensated for the “off-duty” hours that they spend “tethered” to a truck because they remain under Marten’s control during this time and are unable to use their time freely as they wish, the case contests.

According to the complaint, the drivers—who transport loads thousands of miles day and night, often spending weeks away from home—must log their time in their truck’s electronic system and designate every hour as either “driving,” “on-duty, not driving,” “off-duty” or “sleeper berth.” The company does not pay for any time logged as “off-duty” or “sleeper berth,” as the drivers’ wages are predominantly based on a “per-mile piece rate,” the filing reports.

As the lawsuit tells it, even during DOT-mandated layover periods, Marten’s policies “severely restrict the [drivers’] freedom of movement and activity” and virtually confine them to the truck.

For one, the company does not provide or reimburse for lodging in any capacity, the suit relays. In addition, because Marten drivers are responsible for the security of the truck and load whether on or off duty, they must stay close or “risk discipline and potential termination if a security issue arises under their watch,” the case says.

Further, per the complaint, company policy prohibits drivers from using the truck for “personal reasons,” and, as a result, a worker cannot use the rig to drive to another location after stopping for a layover. The filing explains that because Marten does not provide for any other form of transportation, drivers are simply stuck.

What’s more, the lawsuit argues that the unpaid layover time during which drivers are restricted to their rigs serves to benefit Marten’s bottom line because it allows the employees to get back on the road as soon as possible, which in turn shortens freight delivery periods and maximizes the company’s profits.

The plaintiffs, both California residents, formerly worked as over-the-road truck drivers with Marten for several years until 2020 and 2021, respectively, the suit says.

The lawsuit looks to represent any current or former over-the-road truck drivers with Marten Transport, LTD, who drove for the company in California at any time since April 28, 2019.

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