A major lawsuit has been filed against a trucking company accused of exploiting its delivery drivers through misclassification and wage theft. On November 11, 2024, Max Davis Akkoyun lodged a complaint in the United States District Court for the Northern District of Illinois against US EXP Trucking, Inc. and its owner, Orkun Ozkaymak. The lawsuit claims that the defendants have systematically misclassified their delivery drivers as independent contractors rather than employees, resulting in unlawful deductions from wages and failure to pay minimum wage.
The case revolves around allegations that US EXP Trucking engaged in unfair labor practices by treating its drivers as independent contractors while exercising control typical of an employer-employee relationship. According to Akkoyun, who worked for US EXP from January to April 2024, the company made unauthorized deductions from drivers' paychecks for expenses such as escrow, truck payments, fuel, and tolls without prior notice or consent. These deductions often amounted to hundreds of dollars weekly. Furthermore, Akkoyun asserts that neither he nor other drivers received any compensation for their final weeks of work despite working up to 70 hours per week.
Akkoyun's complaint also targets Orkun Ozkaymak personally, alleging his direct involvement in creating and enforcing these unlawful policies at US EXP Trucking. The lawsuit seeks class-action status under Federal Rule of Civil Procedure 23 on behalf of all current and former delivery drivers who worked with US EXP since November 2014. It accuses the company of violating multiple Illinois state laws, including the Illinois Wage Payment and Collection Act (IWPCA) and the Illinois Minimum Wage Law (IMWL), as well as federal laws under the Fair Labor Standards Act (FLSA).
The plaintiffs are demanding several forms of relief from the court: restitution for all unlawful wage deductions and expenses incurred by drivers; payment of unpaid wages; liquidated damages under FLSA; prejudgment interest; statutory damages; attorney’s fees; costs; and an injunction preventing further violations by US EXP Trucking.
Representing Max Davis Akkoyun are attorneys Bradley Manewith from Lichten & Liss-Riordan P.C., based in Northbrook, Illinois, along with Harold Lichten and Olena Savytska from the same firm’s Boston office. The case is being heard by judges in the Northern District of Illinois under Case ID 1:24-cv-11598.