SAN FRANCISCO — Delivery drivers for Home Depot Inc. had their putative class action overtime pay lawsuit dismissed recently. The drivers claimed Home Depot intentionally misclassified them as independent contractors to avoid paying proper wages and overtime. However, the court found that the delivery drivers were not actually employed by Home Depot.
The Drivers’ Claim
Dennis Montoya filed his lawsuit in March 2013 alleging that he never received proper overtime wages, even though he claims he was regularly required to work 10-hour days, six days a week for his on-call and on-duty assignments. According to his claim, Home Depot and a trucking company, 3PD Inc., jointly employed and misclassified him and the other drivers as independent contractors. He argues 3PD’s driver forms refer to drivers as independent contractors, yet require drivers to conform to the company’s uniform, vehicle, signage, and equipment specifications. And the delivery drivers are allegedly responsible for supervising others and are assigned to only one client, in this case Home Depot. Montoya believes these requirements and job duties are characteristic of being an employee, not an independent contractor.
Home Depot’s Claim
In response to Montoya’s claim, Home Depot claimed its drivers were only hired through contracted services, and therefore Home Depot was not a joint employer. In January 2014, Home Depot supported its claim with the fact that they were not involved in any part of the hiring process and could not fire the drivers; only 3PD had that authority. Home Depot did admit, and the court agreed, that Home Depot did have the authority to require drivers pass a criminal background check. However, criminal background checks for drivers are not uncommon for safety and liability reason, regardless of the employment arrangement, and not a sign of joint employer status. Additionally, Home Depot noted that while 3PD is the trucking company it contracts with for delivery driving services, Montoya was employed by Big Dog Trucking & Material Handling LLC, one of the companies 3PD uses to fulfill its contracts with Home Depot.
Who Is Your Employer?
Normally, it is fairly easy to determine who your employer is. Generally, the company providing wage statements and providing actual wages is your employer, and is thus required to pay minimum wage and overtime. However, there are situations, like Montoya’s, where it can be less clear. For instance, in situations of where a contracting company exercises more control and decision making power over its independent contracts than it should. In these situations, the court could determine that the contracting company is actually an employer or a joint employer. This, unfortunately for the delivery drivers in this lawsuit, was not the case with Home Depot.
Determining if you have been misclassified as an independent contractor can be very detail specific. If you believe you have been misclassified, contact our experienced team of overtime pay lawyers today, at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form, and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.