Lawsuit against trucking company fails to gain class action status

A high number of truck drivers filed a class action lawsuit against the company CEVA Freight, alleging that the firm did not pay their full wages, according to Business Management Daily. However, a North Carolina judge had decreed that a class action case is not suitable, as the plaintiffs did not present enough evidence.

The employees claimed that they were due overtime pay as stipulated by the Fair Labor Standards Act. They went on to allege that the company declined these wages even though they regularly work more than 40 hours per week.

As many as 2,000 drivers around the country were allegedly underpaid. The problem that U.S. District Court Judge Frank Whitney found when he declined the class action suit is that many of the employees negotiated separate contracts with the employer. Furthermore, this case does not present the same commonality that other suits have needed to undergo a class action status, the judge deemed.

"Whitney cited the Supreme Court decision in Wal-Mart v. Dukes in his decision to decertify the class because it lacked the commonality necessary for a class-action suit," the source reported. "Unless the drivers’ attorneys can win certification on appeal, the individual drivers will have to pursue remedies individually. As a practical matter, many will not because their individual circumstances will not entice a lawyer to represent them."

Businesses in Arizona will need to ensure that their employees are being paid fairly and that all wages and salaries follow state and federal minimum wage regulations. In Arizona, the minimum wage is $7.80, which needs to be implemented in the majority of companies.

Phoenix business attorneys are able to help any Arizona business owner that needs assistance with employee disputes.

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