Migliaccio & Rathod LLP is investigating whether KeHE Distributors, LLC misclassified certain delivery drivers and route operators as independent contractors and failed to pay all wages or reimburse business expenses required by law.
KeHE distributes natural, organic, specialty, and grocery products to supermarkets, health-food stores, warehouse clubs, and other retailers throughout the United States. According to the memorandum, KeHE’s delivery operations warrant investigation because some drivers or route operators may personally perform deliveries while working under detailed company requirements and bearing substantial operating expenses.
Drivers may be required to service assigned routes, comply with delivery schedules, meet retailer-specific requirements, maintain delivery documentation, and satisfy company performance expectations while paying the costs of operating their own vehicles.
Reported Driver Responsibilities and Expenses
Drivers may have been required to:
- report to designated distribution centers;
- load grocery and specialty food products;
- complete assigned delivery routes;
- meet scheduled delivery windows;
- unload products at customer locations;
- obtain delivery confirmations or customer signatures;
- communicate with dispatch throughout the workday;
- complete paperwork and inventory documentation;
- provide and maintain their own vehicle;
- pay fuel, insurance, maintenance, repairs, registration, and depreciation;
- use personal smartphones and mobile data; and
- perform loading, waiting, and administrative work without additional compensation.
Why Drivers Should Be Concerned
Being labeled an independent contractor does not necessarily determine whether a worker is legally entitled to employee protections. Courts generally examine the actual working relationship, including the degree of company control, the worker’s economic dependence, and whether the work performed is central to the company’s business.
Drivers who personally perform deliveries while operating under detailed company routing, scheduling, documentation, and customer-service requirements may have been improperly classified.
Drivers also may spend substantial uncompensated time loading products, waiting for assignments, completing paperwork, resolving delivery issues, and returning equipment or documentation.
Potential Claims May Include
- Independent-contractor misclassification
- Unpaid overtime
- Minimum-wage violations after business expenses
- Unreimbursed mileage and vehicle expenses
- Unpaid loading, waiting, and administrative work
- Unpaid return-trip or paperwork time
- Recordkeeping violations
We Are Interested in Hearing From Current and Former KeHE Drivers Who:
- delivered products for KeHE;
- used their own vehicle for deliveries;
- were classified as independent contractors;
- regularly worked more than 40 hours per week;
- paid fuel, maintenance, insurance, or phone expenses;
- performed unpaid loading, paperwork, or return work;
- complied with detailed delivery procedures or scheduling 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 service provider,” or “route operator.”
If you delivered for KeHE 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.