Migliaccio & Rathod LLP is investigating whether Better Trucks, Inc. misclassified certain last-mile delivery drivers as independent contractors and failed to pay all wages or reimburse business expenses required by law.
Better Trucks provides regional parcel delivery services for retailers and e-commerce businesses. According to the memorandum, Better Trucks’ delivery model warrants investigation because drivers may personally perform package deliveries under detailed operational requirements while bearing substantial vehicle and operating expenses. Drivers may use their own vehicles to complete routes assigned through company technology platforms while complying with delivery windows, scanning requirements, and customer-service standards.
Drivers may be required to report to company-operated terminals or partner facilities, load assigned packages, complete deliveries within prescribed timeframes, and satisfy 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 pickup facilities;
- load assigned packages;
- complete assigned delivery routes;
- comply with required delivery windows;
- scan packages and photograph completed deliveries;
- communicate with dispatch or customer support;
- return undeliverable packages;
- 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 realities of the working relationship, including the company’s control over the work, the driver’s opportunity for independent profit or loss, the permanence of the relationship, and whether the services performed are central to the company’s business.
Drivers who personally perform deliveries while operating under company-established delivery standards, routing requirements, and performance metrics may have been improperly classified.
Drivers also may spend substantial uncompensated time loading vehicles, waiting for assignments, communicating with dispatch, resolving delivery issues, and returning undeliverable packages.
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 package-return time
- Recordkeeping violations
We Are Interested in Hearing From Current and Former Better Trucks Drivers Who:
- delivered packages using their own vehicle;
- were classified as independent contractors;
- regularly worked more than 40 hours per week;
- paid fuel, insurance, maintenance, or phone expenses;
- performed unpaid loading, waiting, or administrative work;
- were required to satisfy company delivery metrics;
- returned undeliverable packages without additional compensation; 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,” “delivery partner,” “owner-operator,” or “independent courier.”
If you drove for Better Trucks 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.