Migliaccio & Rathod LLP is investigating whether LKQ Corporation misclassified certain delivery drivers as independent contractors and failed to pay all wages or reimburse business expenses required by law.
LKQ distributes aftermarket automotive parts, recycled vehicle components, and replacement equipment to collision repair facilities, automotive repair shops, dealerships, and commercial customers throughout the United States. According to the memorandum, LKQ’s delivery operations present a potential opportunity to investigate whether drivers classified as independent contractors were actually functioning as employees while performing work central to LKQ’s distribution business.
Drivers may be required to report to LKQ distribution centers, load assigned parts, complete scheduled delivery routes, obtain customer signatures, return cores or defective parts, and comply with detailed delivery and customer-service requirements while paying the costs of operating their own vehicles.
Reported Driver Responsibilities and Expenses
Drivers may have been required to:
- report to designated LKQ warehouses or distribution centers;
- load automotive parts and equipment;
- complete assigned delivery routes;
- make multiple deliveries throughout the day;
- obtain customer signatures and delivery confirmations;
- retrieve returned parts or warranty cores;
- communicate with dispatch throughout the workday;
- complete delivery documentation and paperwork;
- provide and maintain their own vehicle;
- pay fuel, insurance, maintenance, repairs, registration, and depreciation;
- use personal smartphones and mobile data; and
- perform unpaid loading, waiting, and administrative work.
Why Drivers Should Be Concerned
Calling a driver an independent contractor does not necessarily determine whether the worker is legally entitled to employee protections. Courts generally examine the actual working relationship, including the degree of company control, the driver’s economic dependence, and whether delivery services are integral to the company’s business.
Drivers who personally perform deliveries while operating under company-established routes, schedules, customer requirements, and performance expectations may have been improperly classified.
Drivers also may spend significant uncompensated time loading vehicles, waiting for dispatch, processing returns, completing paperwork, and resolving delivery issues.
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 time
- Recordkeeping violations
We Are Interested in Hearing From Current and Former LKQ Drivers Who:
- delivered automotive parts or equipment;
- 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 customer 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 “contract courier.”
If you delivered for LKQ 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.