NY Freight Broker Can't Dodge Driver Classification Suit

By Linda Chiem (March 15, 2021, 8:35 PM EDT) -- A New York federal magistrate judge said Monday a Long Island freight broker must face a proposed class action alleging it improperly classified delivery drivers as independent contractors, saying the long-running dispute should head to trial to determine whether the drivers merit employee status.

U.S. Magistrate Judge Steven I. Locke denied TXX Services Inc.'s motion for summary judgment in a proposed wage-and-hour class action from freight delivery drivers Cecil Thomas and John Dean accusing the company of Fair Labor Standards Act and New York labor law violations.

The drivers presented enough evidence suggesting that TXX exerted a degree of control over...

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