On August 21, 2020, Defendants filed a Motion to Dismiss that asks the Court to dismiss this case. Motion to Dismiss - Posted December 28, 2020 You can read the request, called a Motion to Conditionally Certify a FLSA Collective Action, here.ĭefendants asked the Court for and received an extension on their time to respond to the Motion until the Court rules on Defendants Motion to Dismiss (see below). The Plaintiff argues that notice should be sent because all these people were subject to the same allegedly illegal policy of misclassifying them as independent contractors when they are employees.
On November 20, 2020, Plaintiffs asked the Court to order that notice be sent to people who drove trucks for Schneider as owner-operators telling them that they are eligible to join this case. Motion to Conditionally Certify a FLSA Collective Action Collective Action - Posted December 28, 2020
Schnieder trucking update#
We will continue to update the website with any new developments-please bookmark it and check in regularly for news. The case is closed to new participants during the appeal, but if plaintiffs prevail, the process for joining the case will be reopened. The appeal is pending in the United States Court of Appeals for the Seventh Circuit. On June 17, 2021, the plaintiffs filed a motion notifying the court of their intent to appeal the decision. On May 20, 2021, the court granted the defendant’s motion to dismiss, and the case was closed.
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The case is not open to join at this time.Ĭase Dismissed, Appeal Filed - Posted July 21, 2021 You can see the complaint by clicking here. The complaint was filed on July 10th of 2020 in the Federal District Court for the Eastern District of Wisconsin. Plaintiffs seek unpaid wages as secured by the Fair Labor Standards Act and applicable state law (minimum wages), liquidated (double) damages, and costs and attorneys’ fees, as well as other legal and equitable relief pursuant to state and federal law.
Schnieder trucking drivers#
The lawsuit claims that Schneider misclassifies these drivers as “independent contractors” when they are actually employees, and that Schneider makes unlawful deductions from these drivers’ wages, which result in minimum wage violations. This lawsuit is brought as a nationwide class and collective action on behalf of truckers who drove for Schneider National as independent contractors and were treated as “owner-operators” or “lease-operators” by the company. The case is not open to joining at this time, pending appeal.
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