From the Connecticut Law Tribune, Robert Storace reports on a case in which limousine drivers settled their claims that they had been misclassified. Robert writes:
Twenty-three current and former drivers for Connecticut Limousine have secured a $750,000 settlement against the company after challenging the alleged misclassification of drivers as independent contractors, instead of employees.
In their November 2017 amended complaint, the drivers alleged the New Haven-based limo company illegally withheld wages.
“Although defendants have classified plaintiffs as independent contractors, the behavioral and financial control manifested over plaintiffs by defendants demonstrates that they are the defendant’s employees,” the lawsuit stated. “Defendant’s conduct was malicious.”
Connecticut Limousine’s attorney, John Walsh Jr. of Licari, Walsh & Sklaver, told the Connecticut Law Tribune Thursday that the company would have no comment on the matter.
In court papers, the company denied unjust enrichment and illegally withholding wages, and left the plaintiffs to prove their case.
The lawsuit cited numerous examples of the company’s alleged control of its drivers, which it argued was proof the drivers met the criteria to be classified as employees. It listed, for instance, drivers’ inability to set their own schedules but instead having to accept work on the company’s timetable. Also, the suit alleged the prohibition of drivers from accepting customers who do not book their trips through the company, and a mandate to wear Connecticut Limousine uniforms.
In addition, the lawsuit alleged the illegal withholding of wages and cited examples, including drivers paying $463 a month for umbrella insurance; and other fees such as fuel costs, vehicle maintenance costs, administrative fees, parking and licensing fees, and tolls that would normally be borne by the employer.
Read the full story at Limo Drivers Settle Case Over Job Misclassification for $750,000 | Connecticut Law Tribune
Amazing. I work for a Limo company in Los Angeles and at least 5 -6 of our drivers have cited feeling that we are being cheated out of wages, hours and tips but we feel powerless against our boss because he has a powerful lawyer and is well connected and is also the president of the livery association. We all feel he’s a lying malicious thief who makes us pay for everything and steals as much as he can. Rumor has it he keeps two sets of documents, one falsely showing what he charged the client and one with the true charges so that we never know what our tips are supposed to be. When you ask him about your pay he just mumbles and leaves and never answers your question