Plaintiff and all other Truck Drivers are and were employees of NAFTA and not independent contractors
San Francisco, CA (PRWEB) August 10, 2012
On August 3, 2011, the San Francisco labor lawyers at Blumenthal Nordrehaug & Bhowmik filed a class action lawsuit against N.A.F.T.A. Distributors, alleging that the company devised an illegal scheme of classifying truck driver employees as independent contractors in order to avoid paying NAFTA’s share of payroll taxes, overtime wages, and other business related expenses. De La Cruz, et al. v. N.A.F.T.A. Distributors is currently pending in Santa Clara Superior Court as Case No. 112-CV-229785.
According to the class action complaint filed by the San Francisco employment attorneys, NAFTA “hires workers to drive NAFTA's trucks to distribute specialty foods and other goods” but has allegedly devised an unlawful scheme of classifying the employees as independent contractors in order to avoid paying for regular and overtime hours worked. Specifically, the class action Complaint alleges that the,"Plaintiff and other Truck Drivers performed their work in a particular order and sequence in accordance with NAFTA company policy."
The managing partner of Blumenthal Nordrehaug & Bhowmik, Norman Blumenthal, stated, “By engaging in misclassification schemes, our firm believes employers in California are trying to avoid laws involving payroll taxes, minimum wage, overtime pay and workers’ compensation insurance – all in an effort to gain an unfair advantage on the competition.”
If you feel you have been misclassified as an independent contractor and want to collect your unpaid overtime wages, call an experienced San Francisco employment lawyer today at (415) 935-3957.
Blumenthal, Nordrehaug & Bhowmik is an employment law firm that focuses on claims involving California labor laws.