XPO Drivers

Leonard Carder represents drivers who have worked in California for XPO Last Mile Inc. and its predecessor 3PD. Already scores of drivers have opted-into the collective action, and Leonard Carder hopes to have the case certified as a class action so that it can represent an even larger group drivers who have worked for XPO and 3PD over the past several years. The drivers deliver and install heavy-goods (e.g. appliances, furniture, and cabinetry) for XPO’s retail clients, like Home Depot, Lowe’s Home Improvement, Macy’s Pottery Barn, and Kraft Maid.

While their contract with the company labels them “independent contractors,” the drivers perform the core work of XPO’s business and XPO controls when and how that work is to be performed. Consequently, we believe the drivers worked as XPO’s employees under the law. If the court finds them to be employees and not independent contractors, the drivers can potentially recover their vehicle and related expenses, and back pay for missed meal and unpaid rest periods, among other things. The case is being litigated in the U.S. District Court, Northern District of California.