American Logistics Archive

Regulatory Action and Litigation at NFI

National Freight Industries/California Cartage, based in Wilmington, CA, is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. Referred to herein as “NFI/Cal Cartage,” this family of companies was recently acquired by the New Jersey-based National Freight Industries (NFI). Previous to this acquisition, Cal Cartage was owned and managed by Robert Curry, Sr. and his family. NFI/Cal Cartage represents the largest trucking operation at the Ports of Los Angeles and Long Beach by a wide margin.

View NFI Cal Cartage litigation and enforcement summary as of January 16, 2018

CA Labor Commissioner’s Decision on 12/28/18 regarding Cal Cartage Express [Summary] [Order, Decision, or Award (ODA)]

CA Labor Commissioner’s Decision on 12/26/18 regarding California Multimodal [Summary] [Order, Decision, or Award (ODA)]

Port Truck Drivers Awarded $6 Million; Drivers’ Manager Held Responsible For Wage Theft

PRESS ADVISORY FOR: Thursday, January 10, 2019
FOR IMMEDIATE RELEASE
Press Contacts:

The Gig is Up in California!
Port Truck Drivers Awarded Nearly $6 Million; Drivers’ Manager Held Personally Responsible For Wage Theft Due To Misclassification As Independent Contractors

PORT OF LOS ANGELES/LONG BEACH, CA – 24 California port truck drivers employed by NFI Industries/California Cartage , the largest goods movement operator at the twin ports of Los Angeles and Long Beach, have been awarded nearly $6 million by the California Labor Commissioner for wage theft due to misclassification as independent contractors. In an unprecedented decision, the Labor Commissioner issued individual joint liability against the general manager at NFI’s California Cartage Express who oversaw and directed the day-to-day work, and misclassification of, the 24 drivers.

Click here to read:

  • Summary of the Labor Commissioner’s decisions
  • CA Labor Commissioner’s Order, Decision, and Awards
  • Fact sheet on NFI/California Cartage history of lawlessness at the Ports of LA/Long Beach

These cases mark the first time that the individual liability provision of California Senate Bill 588 (Labor Code Section 558.1) has been applied in port trucking.

SB 588, among other things, “reduces the abuse of our corporate laws. Businesses can no longer use layers of subcontracts and unclear reporting relationships to deliberately make enforcing labor laws difficult. Additionally, individuals involved in wage theft will now be held accountable.” Source: UCLA Labor Center, Oct. 13, 2015.

So in California, the gig is up. California is leading the way on ending wage theft through misclassification. SB 588 holds the boss accountable, and SB 1402 holds the customers accountable. Further, the Los Angeles City Attorney has sued three NFI/Cal Cartage companies for wage theft and unfair competition, and the Los Angeles City Council overrode the LA Harbor Commission by refusing to give a lease to NFI on property owned by the Port of Los Angeles due to strikes and disruption caused by workers protesting their misclassification (as of this release, the company is continuing to operate without a lease on port property).

NFI/California Cartage, based in Wilmington, CA, is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. In 2018, t he California Cartage family of companies was acquired by the New Jersey-based National Freight Industries (NFI). Previous to this acquisition, Cal Cartage was owned and managed by Robert Curry, Sr., and his family. NFI/Cal Cartage represents the largest trucking operation at the Ports of Los Angeles and Long Beach by a wide margin.

Port drivers are working together with the Teamsters Union and other labor, community and faith allies to fight for change in the port trucking industry. More than 75,000 strong, port drivers haul imports and exports, keeping the American economy running.

###

Justice for Port Drivers: With the dedicated support from the International Brotherhood of Teamsters, plus many other labor, community, and faith allies, we are fighting to change the port trucking industry so we can win justice for ourselves and our families. More than 75,000 strong, we haul our country’s imports and exports for retail companies, for manufacturers, and for the U.S. Military. We are proud to be professional truck drivers and proud of the service we provide. Without us, America would stop.

Cal Cartage Port Drivers File Claims for Minimum Wage Violations with Los Angeles

For Immediate Release

PRESS CONTACTS:

  • Barb Maynard, Justice for Port Drivers
  • Kara Deniz, Teamsters

BREAKING NEWS:

CA port truck drivers employed by company operating on Port of LA property request investigation of their employer for violating Los Angeles minimum wage law 

Los Angeles, CA Port truck drivers employed by NFI Industries subsidiary California Cartage Transportation Express, commonly known as “Cal Cartage Express,” today filed minimum wage violation claims with the City of Los Angeles Office of Wage Standards. These claims allege that Cal Cartage Express – a trucking company with approximately 100 drivers within the NFI/Cal Cartage group of companies that together comprise the largest trucking operation at the Ports of Los Angeles and Long Beach – violates Los Angeles’ minimum wage laws by failing to pay the LA minimum wage and failing to provide paid sick leave days. The company is currently operating without a permit or lease on City/Port property in Wilmington, CA, following the LA City Council’s revocation of the permit over serious concerns of labor violations and resulting labor disruptions.

The claims filed allege that NFI/Cal Cartage Express, on average, fails to pay drivers at least one hour a day, every day. This is the result of their misclassification by their employer as “independent contractors” and a piece-rate payment system that fails to compensate workers for required duties done outside of the piece-rate movement. Such duties include conducting daily inspections, cleaning, repairing, painting containers, completing paperwork, and filling up gas tanks – all duties for which they are not compensated. Additionally, the company does not provide any paid sick days to its drivers. For these reasons, NFI/Cal Cartage Express drivers are requesting that the Los Angeles Office of Wage Standards conduct a company-wide investigation to ensure that the approximately 100 port drivers employed by the company are being properly paid for their work as required by the City’s laws.

“I have worked exclusively for Cal Cartage Express for the last 10 years, driving 300 miles a day, 6 days a week, hauling containerized borax for the company’s biggest customer, Rio Tinto, from Boron, CA, to the ports. Every day, Cal Cartage directs me to perform work on the property that they lease from the port and they refuse to pay me for my time. That’s wage theft and it’s a violation of City law. I’m sick and tired of it, so today I filed a claim with the City of LA to make sure I get what I have earned,” said Jesus Maldonado, a misclassified port truck driver for NFI’s Cal Cartage Express.

“Sitting in a truck for long hours – more than 300 miles a day for the last 13 years hauling borax for the company’s biggest customer, Rio Tinto – led to painful kidney stones. Not only did NFI/Cal Cartage refuse to give me any sick leave, but because they don’t provide health insurance I had to go to El Salvador for surgery. No one working at the Port of LA, particularly on City of LA property, should have to endure what my family and I did – it’s wrong, and it’s illegal. That’s why I’ve filed a claim with the City of LA to make sure that no other drivers have to go through what I went through,” said Jose Garcia, a misclassified port truck driver for NFI’s Cal Cartage Express.

NFI Industries’ port trucking subsidiaries, which despite being prominently featured in an explosive USA Today series for cheating drivers, was acquired by NFI in 2017. The new owner, NFI, continues to face multiple claims in the courts and government agencies for misclassifying port truck drivers as “independent contractors.” The continued violations have led to repeated labor disruptions at both the trucking and warehousing operations, which recently led the Los Angeles City Council to revoke NFI/Cal Cartage’s lease. For example:

  • Agencies, including the California Division of Labor Standards Enforcement (DSLE) and the California Employment Development Department (EDD), have determined that NFI’s port truck drivers are in fact employees. At NFI/Cal Cartage Express alone, there are currently 14 pending claims at the DLSE for $5.2 million in wage theft violations.
  • In January 2018, Los Angeles City Attorney Mike Feuer sued three of the five NFI/Cal Cartage trucking companies, K&R, CMI, and Cal Cartage Express, for violation of California’s Unfair Competition Law by evading paying taxes and misclassifying port truck drivers as independent contractors.

In NFI’s warehouse division, NFI/Cal Cartage has also faced scrutiny from government agencies. For example:

Nevertheless, the company is still operating on port property without a lease. Click here for more details on NFI/Cal Cartage’s record as a law-breaking company.

###

BREAKING: Federal judge blocks TPS deportations after 64 arrested at Port of LA!

PRESS ADVISORY FOR: Wednesday, Oct. 3, 2018

FOR IMMEDIATE RELEASE

PRESS CONTACT:

Hours after mass civil disobedience at Port of LA highlightingTPS crisis…

Federal judge blocks federal government from deporting hundreds of thousands of immigrants in US legally on TPS program

PORT OF LOS ANGELES, CA – Today, supporters of striking port drivers and warehouse workers took defiant action to protest the illegal and exploitative working conditions at America’s largest port complex – and to call attention to the looming crisis at the Ports with the cancellation of the “Temporary Protected Status” (TPS) program, which – if not resolved – will result in the deportation of approximately 1,400 port truck drivers. Even more drivers beyond the ports will likely be affected, including intermodal rail drivers that move containers to and from rail yards near the ports.

64 immigrant rights activists, labor leaders, and members of the clergy sat down at the busy intersection of South Figueroa Street and West Harry Bridges Boulevard at the Port of Los Angeles and were arrested when they quietly refused to get up.

“I am really happy that the court has blocked the government from deporting port truck drivers like me who have been here legally, played by the rules, and developed deep roots here in this great country. I am thankful to the Teamsters and community groups who have supported. I am hopeful that with such support my family will not be separated and I’ll be able to keep providing for them,” said Cesar Rodriguez, a 46 year old father of five from El Salvador, who immigrated to America 21 years ago with his wife to escape the violence in his home country and has been living here legally pursuant to the TPS program. Cesar is misclassified by his employer, XPO Logistics (NYSE: XPO), and went on strike Monday morning to demand his employee rights.

Background

Drivers at the Ports of Los Angeles and Long Beach have been challenging their misclassification as “independent contractors” and exercising their rights as employees by engaging in collective action in the courts, in their truck yards, and at the ports – including 15 strikes in the last five years. It is estimated that there have been legal misclassification claims pursued on behalf of at least half of the misclassified drivers at America’s largest port complex, either by drivers filing individual wage claims or being part of class action lawsuits. Upon investigating the facts, multiple agencies and courts at both the state and federal levels have determined that drivers are, in fact, employees and therefore protected by employment and labor laws. Read more

XPO Logistics (NYSE: XPO) is a global logistics company with revenue in excess of $15 billion. XPO Port Services, which specializes in moving goods to and from the ports, and XPO Cartage, which moves goods to nearby intermodal rail yards, are together among the top trucking companies servicing the Ports of Los Angeles and Long Beach. There are approximately 280 alleged misclassified drivers working for both companies in their LA-area locations and about 160 additional drivers in XPO Cartage’s San Diego facility. XPO and its subsidiaries are facing multiple legal and enforcement agency actions for alleged wage theft due to misclassification of their drivers as independent contractors. Read more

NFI Industries is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. In 2017, NFI purchased the California Cartage family of companies, which were – and continue to be – the largest drayage and warehousing operating at the Ports of Los Angeles/Long Beach.

The NFI/Cal Cartage family of companies includes five major trucking operations at the Ports of LA and Long Beach. The four largest – K&R Transportation California LLC; Cal Cartage Transportation LLC, Container Freight Transportation LLC, and CMI Transportation LLC – have been facing multiple claims in the courts and government agencies for misclassifying their drivers. Combined, more than 600 alleged misclassified drivers work for these companies. Cal Cartage Container Freight Station in Wilmington is a warehouse and freight center on Port of LA property and employs approximately 500 workers, with 40-50 percent of the workforce being employed through a temp agency. The company has been cited for serious health and safety violations twice in the past three years, and workers face serious retaliation resulting in unfair labor practices charges and five strikes. Read more

 

###

Media Round Up #PortStrike October 2018

Press Releases

Articles

October 4, 2018

October 3, 2018

October 1, 2018

September 27, 2018

Striking Port Drivers with TPS Threatened by Cancellation Rally at Port of LA

Justice for Port Truck Drivers | Teamsters | Working Families United | NDLON | CARACEN

Press Advisory

PRESS CONTACT:

Wednesday, Oct. 3 starting at 8:30 am Downtown LA

Striking Port Drivers with TPS Threatened by Cancellation to Surround LA Detention Center on 3rd Day of Strike, Rally at Port of LA for Permanent Protections

LOS ANGELES, CA — The Los Angeles Detention Center will be surrounded by a convoy of half dozen tractor-trailers driven by members of the Teamsters union in support of port truck drivers and others threatened by deportation if the courts don’t stop the termination of Temporary Protected Status (TPS) or Congress doesn’t act to pass permanent protections.

Thousands of port truck drivers across America who haul containers on and off the docks of seaports and railyards are among the 300,000 workers with TPS demanding action for permanent protections and a path to citizenship.

On Wednesday, October 3, they will demonstrate the contribution they make to this country and the urgency with which they need Congress to act to address and resolve this crisis.

After rallying at the downtown detention center, the drivers will caravan down the 110 Freeway to the Port of LA’s Wilmington Waterfront Park, where they will hold a rally on the third day of their strike.

ACTION #1

What: Tractor Trailer Caravan Around the LA Detention Center

When: 8:30 am, October 3, 2018

Where: LA Metropolitan Detention Center, 535 Alameda St, Los Angeles, CA 90012

Who: Striking port truck drivers, including many threatened with deportation because of the revocation of their status in the TPS program, striking warehouse workers, Teamsters, Working Families United, National TPS Alliance, LA County Federation of Labor, CARECEN, National Day Laborer Organizing Network

ACTION #2

What: Rally at the Ports to Support Striking Drivers, Demand Action on TPS

When: 11:00 am, October 3rd, 2018

Where: Wilmington Waterfront Park, W. C Street, Wilmington, CA 90744 (at N. Wilmington Blvd.)

Who: Teamsters, Working Families United, National TPS Alliance, LA County Federation of Labor, CARECEN, National Day Laborer Organizing Network, Los Angeles Alliance for a New Economy (LAANE), Clergy and Laity United for Economic Justice (CLUE)

Background

Drivers at the Ports of Los Angeles and Long Beach have been challenging their misclassification as “independent contractors” and exercising their rights as employees by engaging in collective action in the courts, in their truck yards, and at the ports – including 15 strikes in the last five years. It is estimated that there have been legal misclassification claims pursued on behalf of at least half of the misclassified drivers at America’s largest port complex, either by drivers filing individual wage claims or being part of class action lawsuits. Upon investigating the facts, multiple agencies and courts at both the state and federal levels have determined that drivers are, in fact, employees and therefore protected by employment and labor laws. Read more

XPO Logistics (NYSE: XPO) is a global logistics company with revenue in excess of $15 billion. XPO Port Services, which specializes in moving goods to and from the ports, and XPO Cartage, which moves goods to nearby intermodal rail yards, are together among the top trucking companies servicing the Ports of Los Angeles and Long Beach. There are approximately 280 alleged misclassified drivers working for both companies in their LA-area locations and about 160 additional drivers in XPO Cartage’s San Diego facility. XPO and its subsidiaries are facing multiple legal and enforcement agency actions for alleged wage theft due to misclassification of their drivers as independent contractors. Read more

NFI Industries is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. In 2017, NFI purchased the California Cartage family of companies, which were – and continue to be – the largest drayage and warehousing operating at the Ports of Los Angeles/Long Beach.

The NFI/Cal Cartage family of companies includes five major trucking operations at the Ports of LA and Long Beach. The four largest – K&R Transportation California LLC; Cal Cartage Transportation LLC, Container Freight Transportation LLC, and CMI Transportation LLC – have been facing multiple claims in the courts and government agencies for misclassifying their drivers. Combined, more than 600 alleged misclassified drivers work for these companies. Cal Cartage Container Freight Station in Wilmington is a warehouse and freight center on Port of LA property and employs approximately 500 workers, with 40-50 percent of the workforce being employed through a temp agency. The company has been cited for serious health and safety violations twice in the past three years, and workers face serious retaliation resulting in unfair labor practices charges and five strikes. Read more

 

###

Striking XPO port driver awarded >$100k for wage theft; rally with striking XPO port drivers

Today at 12:30pm PST in Commerce, CA

RALLY WITH STRIKING XPO PORT TRUCK DRIVERS

PRESS CONTACTS:

Media contact: Anna Susman,anna.susman@berlinrosen.com

On the ground contact: Kara Deniz,kdeniz@teamster.org

Justice for Port Drivers: Barb Maynard, Justice for Port Drivers, barb@actnowstrategies.com

PRESS ADVISORY FOR: Tuesday, Oct. 2, 2018

FOR IMMEDIATE RELEASE

LOS ANGELES – Port truck drivers for XPO Logistics on strike will be holding a rally today to demand an end to the rampant abuse they face on the job every day. The action comes after hundreds of port truck drivers across the city from XPO Logistics Inc, as well as NFI Industries, walked off the job on Monday.

Late Monday, the first day of the strike, striking XPO port truck driver Rodolfo Dominguez received news that the California Division of Labor Standards Enforcement (DLSE) ruled that he is in fact misclassified as an independent contractor. As a result, XPO owes him $123,074 for the work period of April 30, 2016, to January 29, 2018 (the hearing date). Click here to read the DLSE’s Order, Decision, or Award of Labor Commissioner (ODA).

WHO: Striking XPO port truck drivers, including Rodolfo Dominguez; Teamsters

WHEN: Tuesday October 2, 2018; 12:30pm PT

WHERE: XPO Commerce, 5800 E. Sheila St., Commerce, CA 90040

XPO Logistics is a $15 billion company whose clients include Amazon.com Inc., Toyota Motor Corp., Puma and other major brands around the world. Port truck drivers from the company say they’re calling on executives to treat employees fairly and end the practice of misclassification and retaliation. Nearly 90 percent of all port truck drivers are classified by their carriers as independent contractors.

BACKGROUND:

Port truck drivers for XPO have been challenging their misclassification as “independent contractors” and exercising their rights as employees by engaging in collective action in the courts, in their truck yards, and at the ports – including 15 strikes in the last five years.

The drivers say that they are improperly labeled “independent contractors” despite the fact they cannot drive for any other company but XPO. As a result, drivers do not receive health insurance, unemployment insurance, access to Employment Development Department (EDD), worker’s compensation, or any employment protection granted to a W2 employee. This label also allows XPO greater room to commit wage theft and fire workers who practice their right to organize.

The news comes as XPO workers across the country in warehouses and other occupations have been speaking out about the terrible workplace conditions. Last month, workers in Memphis filed a complaint with the Tennessee Occupational Safety and Health Administration (TOSHA) detailing instances of extreme heat leading to dizziness, dehydration and fainting, prompting the agency to begin an investigation at the warehouse. In June, the Occupational Safety and Health Administration opened an investigation after two workers were crushed to death at an XPO Logistics warehouse in Lockport, New York. October 2017 saw the tragic death of XPO worker Linda Neal, after her supervisor denied her request to leave and seek medical attention from a doctor or take a break when she repeatedly expressed not feeling well.

###

Amazon & Toyota contracted port drivers & warehouse workers ON STRIKE from LA to San Diego

PRESS ADVISORY: Monday, Oct. 1, 2018

PRESS CONTACT:

LA/Long Beach Port Truck Drivers and Warehouse Workers Launch 16th Strike in Five Years; Striking Workers To Call On Company Customers, Including Toyota & Amazon, to Use Their Market Power to Rid the U.S. Supply Chain of “Indentured Servitude” 

PORTS OF LOS ANGELES/LONG BEACH, CA – Port drivers and warehouse workers at the gateway of the U.S. supply chain will carry out a series of escalating strikes and actions to build worker power and expose a crooked industry that has been built on exploitation, wage theft, and discrimination. This is port workers’ 16th strike in five years – a clear indication that, despite the unwillingness of America’s largest port complex to ban law-breaking trucking and warehouse companies from doing business on public property – port drivers and warehouse workers will not recede into the shadows and accept the rampant abuse and illegal working conditions they have endured and contested for decades.

WHO:    

  • Truck drivers employed by XPO Logistics serving the Ports of Los Angeles/Long Beach and nearby rail yards (these drivers are misclassified by the company as “independent contractors”)
  • Truck drivers and warehouse workers employed by NFI industries serving the Ports of Los Angeles/Long Beach (the drivers are misclassified by the company as “independent contractors”)

WHAT:  

Picketing at company facilities, marine terminals, rail yards, customer warehouses and distribution centers; leafleting at customers’ retail outlets (details TBA)

WHEN:  

Starting Monday, Oct. 1 at 7:00 am (call for more specifics)

WHERE:

Picket lines in Los Angeles, Commerce, and San Diego.

Additional picket lines to be announced.

Drivers at the Ports of Los Angeles and Long Beach have been challenging their misclassification as “independent contractors” and exercising their rights as employees by engaging in collective action in the courts, in their truck yards, and at the ports – including 15 strikes in the last five years. It is estimated that there have been legal misclassification claims pursued on behalf of at least half of the misclassified drivers at America’s largest port complex, either by drivers filing individual wage claims or being part of class action lawsuits. Upon investigating the facts, multiple agencies and courts at both the state and federal levels have determined that drivers are, in fact, employees and therefore protected by employment and labor laws. Read more

XPO Logistics (NYSE: XPO) is a global logistics company with revenue in excess of $15 billion. XPO Port Services, which specializes in moving goods to and from the ports, and XPO Cartage, which moves goods to nearby intermodal rail yards, are together among the top trucking companies servicing the Ports of Los Angeles and Long Beach. There are approximately 280 alleged misclassified drivers working for both companies in their LA-area locations and about 160 additional drivers in XPO Cartage’s San Diego facility. XPO and its subsidiaries are facing multiple legal and enforcement agency actions for alleged wage theft due to misclassification of their drivers as independent contractors. Read more

NFI Industries is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. In 2017, NFI purchased the California Cartage family of companies, which were – and continue to be – the largest drayage and warehousing operating at the Ports of Los Angeles/Long Beach.

The NFI/Cal Cartage family of companies includes five major trucking operations at the Ports of LA and Long Beach. The four largest – K&R Transportation California LLC; Cal Cartage Transportation LLC, Container Freight Transportation LLC, and CMI Transportation LLC – have been facing multiple claims in the courts and government agencies for misclassifying their drivers. Combined, more than 600 alleged misclassified drivers work for these companies. Cal Cartage Container Freight Station in Wilmington is a warehouse and freight center on Port of LA property and employs approximately 500 workers, with 40-50 percent of the workforce being employed through a temp agency. The company has been cited for serious health and safety violations twice in the past three years, and workers face serious retaliation resulting in unfair labor practices charges and five strikes. Read more

 

###

Port Drivers of LA & Long Beach Regulatory and Litigation Overview

Drivers at the Ports of Los Angeles and Long Beach have been challenging their misclassification as
“independent contractors” and exercising their rights as employees. They have been engaging in
collective action at the courts, in their truck yards and at the ports – including 15 strikes in the last five
years – bringing their cases before government agency officials. It is estimated that there have been
legal misclassification claims pursued on behalf of at least half of the misclassified drivers at the port—
either by drivers filing individual wage claims or being part of class action lawsuits.

Upon investigating the facts, multiple agencies and courts at both the state and federal levels have
determined that drivers are, in fact, employees and therefore protected by employment and labor
laws.

Ports regulatory and litigation overview Sept 30, 2018

Amazon & Toyota Contracted Port Drivers & Warehouse Workers to Strike Monday

PRESS ADVISORY FOR: Monday, Oct. 10, 2018

PRESS CONTACT: Barb Maynard

Monday, Oct. 1, starting at 7:00 am

LA/Long Beach Port Truck Drivers and Warehouse Workers to Launch 16th Strike in Five Years; Striking Workers To Call On Company Customers, Including Toyota & Amazon, to Use Their Market Power to Rid the U.S. Supply Chain of “Indentured Servitude” 

PORTS OF LOS ANGELES/LONG BEACH, CA – Starting on Monday, Oct. 1, port drivers and warehouse workers at the gateway of the U.S. supply chain will carry out a series of escalating strikes and actions to build worker power and expose a crooked industry that has been built on exploitation, wage theft, and discrimination. This is port workers’ 16th strike in five years – a clear indication that, despite the unwillingness of America’s largest port complex to ban law-breaking trucking and warehouse companies from doing business on public property – port drivers and warehouse workers will not recede into the shadows and accept the rampant abuse and illegal working conditions they have endured and contested for decades.

WHO:    

  • Truck drivers employed by XPO Logistics serving the Ports of Los Angeles/Long Beach and nearby rail yards (these drivers are misclassified by the company as “independent contractors”)
  • Truck drivers and warehouse workers employed by NFI industries serving the Ports of Los Angeles/Long Beach (the drivers are misclassified by the company as “independent contractors”)

WHAT:  

Picketing at company facilities, marine terminals, rail yards, customer warehouses and distribution centers; leafleting at customers’ retail outlets (details TBA)

WHEN:  

Starting Monday, Oct. 1 at 7:00 am (more specifics TBA)

WHERE:

Actions planned for the greater Los Angeles area, San Diego, Inland Empire, and High Desert (call or email for specific locations)

Drivers at the Ports of Los Angeles and Long Beach have been challenging their misclassification as “independent contractors” and exercising their rights as employees by engaging in collective action in the courts, in their truck yards, and at the ports – including 15 strikes in the last five years. It is estimated that there have been legal misclassification claims pursued on behalf of at least half of the misclassified drivers at America’s largest port complex, either by drivers filing individual wage claims or being part of class action lawsuits. Upon investigating the facts, multiple agencies and courts at both the state and federal levels have determined that drivers are, in fact, employees and therefore protected by employment and labor laws. Read more

XPO Logistics (NYSE: XPO) is a global logistics company with revenue in excess of $15 billion. XPO Port Services, which specializes in moving goods to and from the ports, and XPO Cartage, which moves goods to nearby intermodal rail yards, are together among the top trucking companies servicing the Ports of Los Angeles and Long Beach. There are approximately 280 alleged misclassified drivers working for both companies in their LA-area locations and about 160 additional drivers in XPO Cartage’s San Diego facility. XPO and its subsidiaries are facing multiple legal and enforcement agency actions for alleged wage theft due to misclassification of their drivers as independent contractors. Read more

NFI Industries is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. In 2017, NFI purchased the California Cartage family of companies, which were – and continue to be – the largest drayage and warehousing operating at the Ports of Los Angeles/Long Beach.

The NFI/Cal Cartage family of companies includes five major trucking operations at the Ports of LA and Long Beach. The four largest – K&R Transportation California LLC; Cal Cartage Transportation LLC, Container Freight Transportation LLC, and CMI Transportation LLC – have been facing multiple claims in the courts and government agencies for misclassifying their drivers. Combined, more than 600 alleged misclassified drivers work for these companies. Cal Cartage Container Freight Station in Wilmington is a warehouse and freight center on Port of LA property and employs approximately 500 workers, with 40-50 percent of the workforce being employed through a temp agency. The company has been cited for serious health and safety violations twice in the past three years, and workers face serious retaliation resulting in unfair labor practices charges and five strikes. Read more

###

Justice for Port Drivers: With the dedicated support from the International Brotherhood of Teamsters, plus many other labor, community, and faith allies, we are fighting to change the port trucking industry so we can win justice for ourselves and our families. More than 75,000 strong, we haul our country’s imports and exports for retail companies, for manufacturers, and for the U.S. Military. We are proud to be professional truck drivers and proud of the service we provide. Without us, America would stop.