Yourway Transport Misclassified Driver to ‘Evade’ Paying Proper Wages, Lawsuit Claims

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A former Yourway Transport, Inc. delivery driver claims he was misclassified as an independent contractor and cheated out of proper minimum and overtime wages.

According to the suit, the plaintiff worked around 50 hours per week transporting pharmaceutical and aeronautical goods to the company’s clients for a flat per-delivery rate. The case argues that the man and other drivers should have been classified as employees under the Fair Labor Standards Act (FLSA) and paid time-and-a-half overtime premiums in part because they worked exclusively for the defendant, who had full control of their schedules, wages and driving routes.

Lastly, the suit adds that the plaintiff’s net income averaged out to less than the lawful minimum wage per hour, as drivers were required to use their own personal vehicles without reimbursement for expenses incurred on the job, such as gas and repair costs.