In recent news, NNT Express & Trytime Transport faces serious labor law violation allegations claiming they misclassified workers as independent contractors when they allegedly qualified to be classified as employees, potentially leading to significant legal consequences.

The Case: Clinton Simril and Eliaz Garcilazo v. NNT Express & Trytime Transport

The Court: San Diego County Superior Court of the State of California

The Case No.: 37-2024-00014517-CU-OE-CTL

The Plaintiffs: Clinton Simril and Eliaz Garcilazo v. NNT Express & Trytime Transport

The plaintiffs in the case, Clinton Simril and Eliaz Garcilazo, filed a class action complaint against NNT Express, Inc. and Trytime Transport, LLC ("NNT Express and Trytime Transport"), alleging misclassification of its employees as independent contractors. The plaintiffs filed on behalf of workers for NNT Express and Trytime Transport in California hired as independent contractors (from March 27, 2020, to the present).According to plaintiff allegations, the defendant violated the California Labor Code protections by allegedly misclassifying its California employees as independent contractors.

The Defendant: Clinton Simril and Eliaz Garcilazo v. NNT Express & Trytime Transport

The defendants in the case, NNT Express & Trytime Transport, hire California workers to provide truck driving services to their customers. According to the class action lawsuit, the company controlled and directed their "independent contractors" work by scheduling their hours, providing job site info, issuing written company policies, distributing procedures for job performance and workplace conduct, etc.

The Case: Clinton Simril and Eliaz Garcilazo v. NNT Express & Trytime Transport

Given the alleged practices of NNT Express & Trytime Transport in exerting significant control over the schedules, work details, and conduct of their truck drivers, these drivers arguably should not be classified as independent contractors but rather as employees. This distinction is critical under California labor law, particularly following standards set by the California Supreme Court's Dynamex decision and the subsequent Assembly Bill 5 (AB5), which codifies the "ABC" test for determining worker status. According to this test, a worker is considered an employee unless the employer can prove their worker is not being controlled or directed in the performance of their job duties, that the worker completes tasks outside the usual course of the employer's business, and is independently established as a trade, occupation or business. The behavior of NNT Express & Trytime Transport, as described by the plaintiffs, suggests a level of control that would generally qualify their workers as employees, which would entitle them to the protections and benefits of labor law such as minimum wage, overtime compensation, rest periods, and other working conditions guaranteed by state labor laws. This type of worker misclassification undermines the legal rights of workers and can leave California companies open to significant legal liabilities and penalties for California Labor Law violations. The plaintiffs claim that NNT Express and Trytime Transport violated California Labor Code Sections §§ 204, 210, 221, 226.7, 226.8, 510, 512, 1194, 1197, 1197.1, 1198 & 2802 by failing to pay workers minimum wage and overtime wages, provide workers with meal periods and rest breaks, provide accurate, itemized wage statements, reimburse employees for necessary business expenses, and provide wages when they are due. The class action lawsuit, Clinton Simril and Eliaz Garcilazo v. NNT Express & Trytime Transport is currently pending in the San Diego County Superior Court of the State of California.

If you have questions about how to file a California Class Action employment law lawsuit, please don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Their experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago, empowering you to take action.