It's being reported that a lawsuit against an Illinois trucking firm, Risinger Brothers Transfer, Inc. has been granted class action status. The drivers allege that, although the company has treated them as independent contractors, the drivers in fact were employees, based on how the employer managed operations and supervised the drivers.
The U.S. District Court for the Central District of Illinois has ruled that the case could be approved as a class action.
Now, the issue of whether drivers of such companies are actually employees or independent contractors has been one I've dealt with in some past cases. And this certification by the court does not constitute a determination by the court one way or another on this issue. It merely certifies that the drivers have met the criteria for class certification.
Now the real work begins.
This issue touches on Workers Compensation insurance, of course, as an employer can require independent contractors to purchase their own Workers Comp insurance, but not so for employees. This lawsuit is over more than the Workers Comp issue, but I expect that Workers Compensation costs will be a significant part of the case.
So stay tuned.
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