Migliaccio & Rathod LLP is investigating whether RXO, Inc. misclassified certain last-mile delivery drivers as independent contractors and failed to pay all wages or reimburse business expenses required by law.
RXO provides last-mile delivery services for furniture, appliances, mattresses, exercise equipment, and other oversized consumer products for retailers throughout the United States. According to the memorandum, RXO’s final-mile delivery model may warrant investigation because drivers may personally perform deliveries under detailed operational requirements while bearing substantial vehicle, equipment, and labor expenses.
Drivers may be required to report to distribution centers, complete assigned delivery routes, comply with scheduled appointment windows, communicate with customers, assemble products, remove packaging, and satisfy retailer-specific service standards while providing their own trucks, equipment, or helpers.
Reported Driver Responsibilities and Expenses
Drivers may have been required to:
- report to designated RXO warehouses or cross-dock facilities;
- load furniture, appliances, or other oversized merchandise;
- complete assigned delivery routes and appointment windows;
- perform in-home deliveries;
- assemble or install products;
- remove packaging materials or haul away old products;
- communicate with dispatch and customers throughout the workday;
- obtain customer signatures and delivery confirmations;
- provide and maintain their own truck or delivery vehicle;
- hire and pay delivery helpers;
- pay fuel, insurance, maintenance, repairs, licensing, and equipment expenses; and
- perform loading, waiting, administrative, and return work without additional compensation.
Why Drivers Should Be Concerned
Being classified as an independent contractor does not necessarily determine whether a worker is legally entitled to employee protections. Courts generally examine the realities of the relationship, including the degree of company control, economic dependence, and whether the work performed is central to the company’s business.
Drivers who personally perform deliveries while complying with detailed routing, scheduling, installation, customer-service, and retailer requirements may have been improperly classified.
Drivers also may spend substantial uncompensated time loading products, waiting between deliveries, assembling merchandise, communicating with dispatch, completing paperwork, and returning equipment or undelivered items.
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 RXO Drivers Who:
- delivered furniture, appliances, mattresses, or oversized products;
- used their own truck or delivery vehicle;
- hired or paid delivery helpers;
- regularly worked more than 40 hours per week;
- paid fuel, insurance, maintenance, equipment, or helper expenses;
- performed unpaid installation, assembly, loading, or paperwork;
- complied with detailed delivery or retailer 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,” “independent service provider,” or “last-mile delivery partner.”
If you delivered for RXO 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.