FreyMiller is engaged in the hauling and delivery of freight across the United States.
All current and former truck drivers employed by FreyMiller, or who performed services for FreyMiller under an independent contractor arrangement, and drove within California for FreyMiller at any time in or after August 2015.
The Claims in the Lawsuit
The lawsuit seeks relief for violations of California law arising out of FreyMiller’s alleged policy of failing to pay minimum wage for all hours worked; failing to provide off-duty meal periods; failing to permit and authorize paid, off-duty rest periods; failing to provide accurate itemized wage statements, and failing to timely pay all wages due, all in violation of the California Labor Code and California’s Industrial Welfare Commission Wage Order No. 9.
5/14/2019:The Complaint was filed in the United States District Court for the Northern District of California, and has been assigned to Magistrate Judge Sallie Kim.
How to Participate
If you are interested in participating in this case, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000. You can also contact our co-counsel Nichols Kaster, PLLP. Their case clerk for this matter is Sherick Francois, who can be reached via email at firstname.lastname@example.org or via telephone (612) 256-3213. There is a possibility the Court will certify this case as a class action under California state laws. If that happens, eligible drivers will be notified they are covered and will automatically be included in this case unless they “opt out.”
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for FreyMiller and you believe you may be the victim of retaliation for joining this lawsuit, contact us immediately.
Will I have to testify or provide documentary proof?
If you have records relating to your work with FreyMiller, please keep them until we ask you for them. However, you do not need to have records of your work hours to be included. If FreyMiller did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours. We will seek any records the company has of your trips and hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for FreyMiller.
Do I have to pay anything?
No, you will not have to pay us anything out of your own pocket. We are handling this case on a contingency basis, along with our co-counsel Nichols Kaster, PLLP. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award.
How long will the case take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.