News

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.

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