You should direct any questions you may have about this notice or the settlement to the notice administrator and/or to class counsel. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. Plaintiff has filed a motion for leave to file an amended complaint adding a negligence claim under California law. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. gptAdSlots.push(gptSlot); We appreciate your time! The original complaint alleged that truck drivers for the Sapulpa, Okla.-based company often worked 70-100 hours per week while being paid less than $500. In the event any portion of the Individual Settlement Amounts paid to Plaintiff and Class Participants is ultimately construed by the IRS or any other taxing authority to be taxable income from which taxes should have been withheld, Plaintiff and Class Participants shall pay any and all such taxes, interest, and penalties on the amount they receive. (Hein Dep. Safety sent a request to Stevens to verify employment and Stevens sent a threatening letter back saying they would seek legal action if we hired him because he had a contract for a year (he had already quit). Read our Newswire Disclaimer He teamed with his wife and when he finally woke up and got smart (his words), they turned their truck in at Stevens at the Dallas yard. Submit. 5:17-CV-00708 | 2017-06-30, U.S. District Courts | Contract | [21-5025] [Entered: 03/11/2021 03:45 PM]. Others have more information but they dont know how many miles they actually are going to be permitted to drive, he said. googletag.enableServices(); But that does not mean that the other other 75% of the leases failed, because the average lease is three years. Take a few minutes to complete our online application, or call one of our helpful recruiters right now at 877-528-4478. JCT moves to dismiss based on lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to the Northern District of Oklahoma, the forum specified in the forum . This lawsuit also alleges Defendant misled Class Members into joining its lease operator program. As a matter of California law, an injured employee may bring a civil suit for . PDF Case 1:17-cv-00925-LJO-SAB Document 1 Filed 07/12/17 Page 1 of 58 If youre naive enough to sign on please read the fine print,on exactly what you as the person leasing the truck are responsible for. googletag.pubads().collapseEmptyDivs(); JCT Allegedly Misclassifies Truck Drivers as Contractors, Denies Proper Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. JCT did not allow me to use the truck to drive for any carrier other than JCT, Huddleston continued. Dustin Byrd's Phone Number and Email Last Update. He did not suggest a clean extrapolation into the broader truck market. googletag.defineSlot('/21776187881/FW_Super_Leaderboard', [[300, 50], [970, 90], [300, 100], [728, 90]], 'div-gpt-ad-1668097889433-0').defineSizeMapping(gptSizeMaps.banner2).addService(googletag.pubads()); This lawsuit seeks recovery of unpaid wages, statutory damages, civil penalties, restitution, interest, attorneys' fees and costs. Las Vegas, NV 89101 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901, 2022 Robert S. Boulter All Rights Reserved. Semi-trucks and trucking companies are subject to different rules than other vehicles on the road, including various state, local, and federal rules about how long drivers can work and in what conditions. Hirschbach, based in Dubuque, Iowa, is a privately owned carrier . [21-5025] [Entered: 03/15/2021 11:58 AM], Docket[10814928] Entry of appearance filed by Michael J Blaschke, Mr. Robert S. Boulter, Ms. Carolyn H. Cottrell, Mr. David C. Leimbach, Ms. Michelle S. Lim and Ms. Rachel Lawrence Mor for Thomas Huddleston. Trucking Jobs in 30 seconds Response date set to 04/14/2021 for Michelle S. Lim. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot5', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767778941-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); Huddleston v. John Christner Trucking, LLC :: Oklahoma Northern Manner of Service: email. R&L Carriers, an Ohio LTL, will pay $1.25 million for not hiring women as loaders over at least seven years. All Rights Reserved. There are other strings, too. As the definition of independent contractor changes from the Trump rule that was pulled back by the Biden administration and a new Biden rule, Crone noted that a court can use the FLSA definition of independent contractor in reaching a decision in future lease purchase litigation. The costs plus the lease just might exceed what you gross in a month. John Christner Trucking, LLC et al Doc. Manner of Service: email. How will the Attorneys for the Class Members be paid? The Released Claims include, but are not limited to, all wage and hour claims, whether known or unknown, at law or in equity, which Plaintiff and the Class Members may now have or may have as of the execution of the Joint Stipulation of Settlement and Release of Class and Collective Action under the wage orders of the California Industrial Welfare Commission, or other federal, state, or local law, claims for penalties under California Private Attorneys General Act, all claims for failure to pay minimum wages under California law, all claims for failure to pay for all hours worked under California law, all claims for failure to authorize and permit and/or make available meal and rest periods pursuant to the California Labor Code (Labor Code), all claims for failure to reimburse for necessary business expenses under Labor Code 2802, all claims for failure to maintain proper payroll records under Labor Code 1174, all claims for failure to provide accurate itemized wage statements under Labor Code 226, all claims regarding coerced purchases under Labor Code 450, all claims regarding willful misclassification under Labor Code 226.8, all claims for waiting time penalties under Labor Code 201-204, all claims for unlawful business practices under the California Business and Professions Code 17200, et seq., all claims for the unlawful sale of business opportunities under the Oklahoma Business Opportunity Sales Act, 71 Okla. Stat. coerced purchases in violation of the California Labor Code. Served on: 03/25/2021. Certificate of Interested Parties: Yes. Sign up for our newsletter to keep reading. granted the motion for class certification, 21 truckers fined for taking wrong detour in Canadian city, Shops, mechanics cut plea deal in truck emission scheme, Ohio LTL carrier settles sex discrimination lawsuit for $1.25M, Crash killing four leads to ban from commercial driving, Whats old is new again vintage truck designs trending, Kiley continues quest against labor nominee, Truck shows raising money for a good cause. Case Details Parties Documents Dockets. Huddleston filed this lawsuit against John Christner Trucking, LLC (JCT), alleging, inter alia, that it violated the Fair Labor Standards Act (FLSA) by misclassifying its employees as independent contractors and requiring them to work without compensation. Can Defendant retaliate against me for participating in this Settlement? CE [Entered: 03/24/2021 02:48 PM], Docket[10815145] Admissions letter sent. Porter said there are about 35,000 trucks on the TPP platform, and about 35% of those are independent owner-operators. By clicking "Submit", I agree to be contacted by John Christner Trucking, or on behalf of John Christner Trucking, with the information provided above. window.googletag = window.googletag || {cmd: []}; Updated May 4, 2022. Truck Driving Jobs: What About This Trucking Company? It stopped the process toward a verdict in the case, Crone said. I decided to do a lease. The case status is Pending - Other Pending. At the time of the accident, John Christner Trucking LLC had in full force and effect a policy of automotive liability insurance coverage with American Trucking and Transpiration Insurance Company or a subsidiary insurance company, insuring for the damages to , alleges the John Christner Trucking accident lawsuit. [21-5023, 21-5025] [Entered: 04/30/2021 02:26 PM], Docket[10825414] Cross-appeal schedule set. Trucking companies who hire independent contractors for drivers are moving in the wrong direction when it comes to giving workers control, Visceilli said. You may also withdraw your objection in writing by mailing a withdrawal statement to the Court and counsel for the parties postmarked no later than Monday, October 17, 2022, orally at the Final Approval Hearing, or as otherwise ordered by the Court. john christner trucking, John mallory, Josh king, Shannon vp of operations and company, putsome people into lemon trucks that they lease out. failure to authorize and permit and/or make available meal and rest periods in violation of the California Labor Code. Served on 03/25/2021. The Oklahoma class, specifically, claimed that the trucking companys marketing practices violated the Oklahoma Consumer Protection Act and the Oklahoma Business Opportunity Sales Act. Truck lease contracts have long been controversial. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. window.googletag = window.googletag || {cmd: []}; Monday-Friday 8:00 am 5:30 pm John Christner Trucking Accident Lawsuit Claims Severe Injuries So they may be thinking Ive been running over the road I get 3,000 miles a week. R. 33.1, order filed by (CLK) extending time to file first brief on cross-appeal and appendix until 07/07/2021 for John Christner Trucking, LLC. (by appointment only), 703 S 8th St 2023 John Christner Trucking All rights reserved. The named plaintiff, Thomas Huddleston, commenced this lawsuit against JCT in the United States District Court for the Eastern District of California. He was Director of Oil, Director of News, the editor in chief of Platts Oilgram News and the talking head for Platts on numerous media outlets, including CNBC, Fox Business and Canadas BNN. failure to reimburse for necessary business expenditures in violation of the California Labor Code. It is your responsibility to keep a current address on file with the settlement administrator to ensure receipt of your monetary Individual Settlement Amount. The main selling point for me is NOT purchase. Regardless of what independent contractor rules fleets will face on a federal or state level, or coming out of the court system, Porter said the trucking industry has to rise to the task of telling its story. Served on 03/24/2021. I know when i go to work i cant get away with not doing my job. Copyright 2023 Land Line Magazine & Land Line Now. It encourages me to do repair work more than company which allowed me to run the machine to death. [21-5025] [Entered: 04/19/2021 04:25 PM], [10822480] Attorney Ms. Michelle S. Lim for Thomas Huddleston admitted to the bar of this court. Manner of Service: email. Engage via Email. Trucking Companies Train You on the Job. Just Don't Try to Quit. PDF United States District Court for The Northern District of Oklahoma 1 John Christner Trucking reviews in New York City, NY. Classes approved in lawsuit against John Christner Trucking Judge, Feb 16, 2022 #11 + Quote Reply BennysPennys Thanks this. 752, et seq. This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase program. Docketing statement, transcript order form and notice of appearance due on 03/25/2021 for Thomas Huddleston; notice of appearance due on 03-25-2021 for John Christner Trucking, LLC. I was told this was because the truck was JCTs property. On April 16, 2018, JCT filed a motion for judgment on the pleadings. Phone: 918-581-8471. Boulter said the lawsuit is a reaction to a trend among some trucking companies whose practices include shifting business costs to its workers. Defendant further denies that it misled any Class Member about its lease operator program. Long hours and little pay: Lawsuit claims local trucking company googletag.pubads().enableSingleRequest();