Migliaccio & Rathod LLP is investigating whether Temco Logistics misclassified certain last-mile delivery drivers as independent contractors and failed to pay all wages or reimburse business expenses required by law.
Temco Logistics provides home delivery, installation, and final-mile logistics services for appliances, furniture, fitness equipment, and other oversized consumer products. The memorandum identifies Temco as another potential investigation target because drivers may personally perform deliveries and installations under detailed operational requirements while bearing significant business expenses associated with trucks, equipment, insurance, and delivery helpers.
Drivers may be required to perform scheduled home deliveries, complete installations, remove old products, comply with retailer service standards, and satisfy strict appointment windows while providing their own vehicles or operating through small business entities.
Reported Driver Responsibilities and Expenses
Drivers may have been required to:
- report to designated distribution facilities;
- load appliances, furniture, or other oversized merchandise;
- complete assigned delivery routes;
- perform in-home deliveries and installations;
- remove packaging or haul away replaced products;
- communicate with dispatch and customers throughout the workday;
- obtain customer signatures and delivery documentation;
- provide and maintain their own truck or delivery vehicle;
- hire and compensate delivery helpers;
- pay fuel, insurance, maintenance, repairs, licensing, equipment, and operating expenses; and
- perform unpaid loading, waiting, administrative, and return work.
Why Drivers Should Be Concerned
Whether a worker is properly classified depends on the realities of the working relationship rather than contractual labels. Drivers who personally perform deliveries while following company-established schedules, customer-service expectations, installation procedures, and retailer requirements may have employee rights despite being classified as independent contractors.
Drivers also may spend substantial uncompensated time loading merchandise, assembling products, waiting between appointments, communicating with dispatch, managing helpers, completing paperwork, and returning equipment.
Potential Claims May Include
- Independent-contractor misclassification
- Unpaid overtime
- Minimum-wage violations after business expenses
- Unreimbursed truck, mileage, and operating expenses
- Unpaid loading, installation, waiting, and administrative work
- Unpaid helper-management time
- Recordkeeping violations
We Are Interested in Hearing From Current and Former Temco Logistics Drivers Who:
- delivered appliances, furniture, or oversized consumer products;
- used their own truck or delivery vehicle;
- hired or paid delivery helpers;
- regularly worked more than 40 hours per week;
- paid fuel, maintenance, insurance, equipment, or helper expenses;
- performed unpaid installation, assembly, loading, or paperwork;
- complied with detailed retailer or customer-service requirements; or
- believe they functioned as employees despite being classified as independent contractors.
You may have rights even if your agreement referred to you as an “independent contractor,” “owner-operator,” “delivery partner,” or “independent service provider.”
If you delivered for Temco Logistics and believe you were improperly classified or denied wages or reimbursements, please contact Migliaccio & Rathod LLP. There is no charge to speak with us, and there is no obligation to take legal action.
If you believe you encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.
Migliaccio & Rathod LLP is a Washington, D.C.-based law firm representing employees in class and collective actions nationwide.