National trucking company Nu-Way Transportation Services is facing a class action over alleged wage and hour violations. In his lawsuit, a former spotter driver at Nu-Way says the company has a systemic policy of withholding earned overtime wages from workers who drive spotters in its warehouses.
Spotter Driver Says Nu-Way Violated Wage Laws
The lawsuit was filed in the US District Court for the Central District of Illinois, Peoria Division on April 21, 2017. It has been registered as case number 1:16-cv-01490-MMM-JEH. The Plaintiff, who is now seeking certification as a class and collective action, is being represented by the national wage attorneys at WageAdvocates.com, along with local Illinois counsel Peter J. Flowers. To learn, feel free to contact our experienced lawyers.
The class action has been filed on behalf of all current and former spotter drivers who were not properly compensated by Nu-Way Transportation during the last three years. The lawsuit may also apply to drivers who performed similar duties, but are not specifically labeled with the spotter driver job title. In general terms, spotter drivers use specialized semi-trucks to move semi-trailers around a warehouse facility or yard:
- driving trailers out of the warehouse
- parking trailers in the warehouse backyards
- driving trailers out of the warehouse backyards
- parking trailers in the warehouse
These job duties, as the complaint makes clear, are considered “non-exempt” by the US Department of Labor. As such, workers who perform these duties for an hourly wage during the course of employment are generally entitled to overtime wages. Both federal and Illinois labor laws provide that hourly employees who perform “non-exempt” duties are entitled to time-and-a-half for all hours worked over 40 in a week.
Despite these well-established requirements, Nu-Way Transportation now stands accused of violating state and federal overtime law. In fact, the recent overtime lawsuit accuses Nu-Way of establishing a company-wide policy to systematically deprive spotter drivers of their rightfully-earned premium wages: “[Nu-Way Transportation Services] has corporate policies and practices of evading overtime pay for its hourly Spotter Driver workers.” This practice continues into the present, the class action says, suggesting that even current Spotter Drivers for Nu-Way may be victims of wage theft.
The lawsuit demands financial relief in multiple forms, including back wages and unpaid overtime, along with any applicable penalties and fees. The complaint also asks for liquidated damages, awarded in many cases to compensate employees for a loss of the interest their wages could have accrued. Most courts award liquidated damages in an amount equal to the amount of back wages owed, essentially doubling the pay that was stolen.
About Nu-Way Transportation Services
Nu-Way Transportation Services offers logistics, supply-chain and transportation services, placing a particular emphasis on respect for employees. Nu-Way’s fleet of tractor-trailers, tankers and local delivery vans transport goods to market across the country, with a particular focus on deliveries in the Midwest. The company is headquartered in Bloomington, Illinois.
In advertising materials, Nu-Way describes the “key” to the company’s success as “our People,” a claim in strong contrast to the alleged wage violations described in the new class action lawsuit. Nu-Way currently employs over 500 workers nationwide.