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COOK COUNTY RECORD

Thursday, October 17, 2024

Trucking Company Accused of Misclassifying Drivers Under Wage Laws

Federal Court

A class and collective action lawsuit has been filed against a prominent trucking company, accusing it of violating labor laws by misclassifying its drivers as independent contractors. On October 1, 2024, Carlo Jean initiated the complaint in the United States District Court for the Northern District of Illinois against Fremont Trans Inc.

Carlo Jean, a Florida resident who worked for Fremont Trans Inc. from June to July 2024, claims that the company misclassified him and other drivers as independent contractors rather than employees. This misclassification allegedly allowed Fremont Trans Inc. to avoid paying proper wages and benefits required under the Illinois Wage Payment and Collection Act (IWPCA) and the federal Fair Labor Standards Act (FLSA). Jean asserts that this practice resulted in unlawful wage deductions and failure to reimburse expenses incurred during their employment. The complaint states, "Defendant took various deductions from Plaintiff's compensation," which were not legally required or consented to by the drivers.

Jean argues that Fremont Trans Inc.'s actions led to significant financial losses for him and similarly situated drivers. The deductions reportedly exceeded legal limits, with one example showing a deduction of 70% from his earnings for a week in June 2024. Furthermore, Jean alleges that these practices caused him to earn less than minimum wage during certain periods due to excessive deductions. The complaint highlights an instance where Jean earned $2,333.72 but received no pay after deductions were applied.

The lawsuit seeks damages on behalf of all affected drivers for unpaid wages, liquidated damages, civil penalties, injunctive relief, interest, attorneys' fees, costs, and any other appropriate relief. Jean is also pursuing class certification under Rule 23 for IWPCA claims and collective action certification under FLSA provisions.

Representing Carlo Jean are attorneys James B. Zouras from Stephan Zouras LLP in Chicago and Brook S. Lane from Fair Work P.C. in Boston. The case is identified as Case No: 1:24-cv-09266.

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