California Rules Seven Port Truckers Wrongly Classified as Independents
Seven port truck drivers employed by Pacer Cartage who were misclassified as independent contractors have been awarded a total of more than $2.2 million for unlawful deductions, reimbursable business expenses, interest, waiting time penalties and attorneys fees by the California Labor Commissioner, Division of Labor Standards Enforcement.


Seven port truck drivers employed by Pacer Cartage who were misclassified as independent contractors have been awarded a total of more than $2.2 million for unlawful deductions, reimbursable business expenses, interest, waiting time penalties and attorneys fees by the California Labor Commissioner, Division of Labor Standards Enforcement.
The ruling was handed down March 12 and was announced Wednesday in a press release from the law firm representing the drivers.
In the ruling, Hearing Officer Dan Minchey wrote, “The defendant considered the plaintiffs to be independent contractors; however, the amount of control exhibited by the defendant over the plaintiffs was to such a degree that the defendant knew or should have known that the plaintiffs were employees.”
Pacer is expected to appeal the rulings.
Additional lawsuits have been filed by individual drivers for wage theft in the Superior Court of Los Angeles against PDS Trucking/Pacer International and Intermodal Container Service, dba Harbor Rail Transport/Pacer International.
“We believe that these decisions, coupled with the lawsuits that we have recently filed and those we intend to file in coming weeks, will force the drayage industry to make long overdue changes in their business practices to comply with state and federal labor laws,” said Alvin Gomez of the Gomez Law Group, who represents the drivers.
The law firm notes on March 21, the Los Angeles Times reported the DLSE “has sided with drivers in all 30 of the cases decided so far, determining that the workers had been misclassified as independent contractors when their job requirements made them tantamount to employees.”
These seven new adjudicated cases bring that unanimous count to 37 findings against port trucking companies, according to the firm.
According to employee rights advocate David Arambula of the Gomez Law Group drivers went weeks without receiving any pay, but they continued working with the hope that the company would eventually pay them retroactively for the money they rightfully earned.
“Sadly, this did not happen and many drivers felt they had no recourse except to quit under the ever present threat that they would be sued if they stopped paying for the company truck and all other business-related expenses that the company should have borne itself,” he said
Arambula said the March ruling comes as the California DLSE is reviewing more than 500 similar claims from port truck drivers who allege to be misclassified as independent contractors by their employers. An additional 12 class action lawsuits and at least two individual lawsuits are also pending in various courts.
Some trucking industry observers believe recent efforts seeking rulings that port truckers are actually employees, rather than independent contractors, is part of a wider movement so unions can organize these drivers. Currently, federal law prohibits independent contractors from participating in collective bargaining.
More Fleet Management

Does Your Trucking Fleet Need a New TMS? [Video]
Cloud technology, AI and new integrations are changing what transportation management systems can do. But does taking advantage of those advances mean replacing your existing TMS?
Read More →
Road Ready Becomes Saegic, Launches New Trailer Telematics Gateway
Clarience Technologies is rolling out new hardware and expanding its plans for connecting trailer telematics, maintenance data, and video.
Read More →
Give Your Trucking Fleet a Cybersecurity Walkaround
Your fleet's cybersecurity policies may look good on paper. These seven checks can help you find out whether they’re working.
Read More →
Kodiak Lines Up Fleets for Driverless Trucking
An agreement for 75 trucks, a new Texas freight lane, and progress on safety validation move Kodiak closer to its planned driverless highway launch.
Read More →
ITS Logistics Settles Religious Harassment Case
The Nevada-based logistics firm agreed to pay more than $396,000 to settle a religious harassment charge involving an employee's Jewish identity.
Read More →
Your Trucks Are Busy. That Doesn’t Mean They’re Winning.
High utilization doesn’t always mean strong margins. Looking beyond the current load can help fleets make better dispatch decisions and get more value from each truck’s time.
Read More →
Why This Trucking Recovery Is Different
Freight demand remains sluggish, but rising costs and tougher enforcement have taken enough capacity out of the market to change the outlook for motor carriers.
Read More →
Platform Science Adds Dispatch and Safety Tools
Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.
Read More →
PrePass Intelligence Mines Fleet Bypass, Toll and Safety Data
PrePass Intelligence helps fleets measure bypass savings, flag potential toll overcharges, and spot suspicious transactions by combining data from separate systems.
Read More →
Motive Adds AI Agents for Fleet Operations
New tools automate follow-up on fleet data, from maintenance work orders to driver alerts, with two-way voice conversations planned for later this year.
Read More →
