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Plaintiff Alleges Trucking Company Misclassified Drivers as Independent Contractors

COOK COUNTY RECORD

Saturday, November 23, 2024

Plaintiff Alleges Trucking Company Misclassified Drivers as Independent Contractors

Federal Court
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A trucking company faces serious allegations of wage theft and misclassification from a former driver. On September 16, 2024, Alex Theodore filed a class and collective action complaint against Bravo Express Transportation Co. in the United States District Court for the Northern District of Illinois.

Theodore, who worked as a truck driver for Bravo Express Transportation from May to June 2024, claims that the company engaged in illegal practices that resulted in significant financial damages to him and other drivers. According to the complaint, Theodore alleges that Bravo Express Transportation violated both the Illinois Wage Payment and Collection Act (IWPCA) and the federal Fair Labor Standards Act (FLSA). Specifically, he accuses the company of misclassifying drivers as independent contractors instead of employees, failing to pay earned wages, making unlawful deductions from wages, and not reimbursing necessary expenses incurred by drivers.

Theodore’s lawsuit outlines multiple violations by Bravo Express Transportation. Under the IWPCA, he argues that the company made unauthorized deductions from his compensation—sometimes exceeding 15% of his net earnings—and failed to reimburse him for essential expenses like fuel and equipment costs. For instance, one settlement statement shows that Theodore earned $7,851.50 but had the entire amount deducted for various expenses, leaving him with nothing. He asserts that these deductions were neither required by law nor beneficial to him or other drivers.

Furthermore, Theodore contends that Bravo Express Transportation breached FLSA regulations by not paying minimum wage. He claims he typically worked at least 70 hours per week but often received less than $7.25 per hour due to excessive deductions from his wages. In one example cited in the complaint, Theodore was effectively paid $0 for an entire week’s work after all deductions were taken into account.

Theodore is seeking several forms of relief on behalf of himself and similarly situated drivers. These include unpaid wages, liquidated damages, civil penalties where appropriate, injunctive relief to prevent further violations, interest on unpaid amounts, attorneys’ fees, and reimbursement for all unauthorized deductions and unreimbursed expenses.

Representing Theodore are attorneys James B. Zouras from Stephan Zouras LLC in Chicago and Brook S. Lane from Fair Work P.C. in Boston. The case has been assigned Case ID: 1:24-cv-08476.

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