Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Truckers File Lawsuit Over Independent Contractor Status

Two truck drivers working out of the Ports of Los Angeles and Long Beach have filed a lawsuit against the trucking company Harbor Express alleging they should be treated as employees, not owner-operators.

by Staff
May 15, 2013
2 min to read


Two truck drivers working out of the Ports of Los Angeles and Long Beach have filed a lawsuit against the trucking company Harbor Express alleging they should be treated as employees, not owner-operators.

The Los Angeles Times newspaper reports the case was filed in Los Angeles county court by two brothers, Jose I. Estrada and Jose A. Estrada, claiming they were denied meal breaks, overtime and lunch hours because they are wrongly classified as independent contractors.

Ad Loading...

They are seeking to get class action status. Their attorneys say the case could affect as many as 400 truckers who worked for Harbor Express since 2009.

The case alleges the carrier classified its truckers as independent contractors rather than employees so the company wouldn’t have to provide benefits. Harbor Express has yet to comment to the newspaper.

One of the attorneys representing the plaintiffs, Brian Kabateck, told the newspaper, "If they were truly independent contractors, they would own the truck or lease it," [They would also] "have freedom to come and go and can take on other jobs and assignments. This is just a clever way to do a runaround of labor law."

The two brothers, like many truckers who serve the port complex, are paid for each trip they make, regardless of how long it takes. Also because they are not employees they are not eligible for workers compensation insurance, a concern to one of the brothers because of an injury that may keep him from being able to work again.

The Times points out that in 2008, when Gov. Jerry Brown was then attorney general for California, he filed several lawsuits against trucking companies that were allegedly misclassifying truck drivers as independents. In addition, a proposal at the Port of Los Angeles requiring truckers serving the facility to be employees is making its way through the court system.

More Drivers

SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →
DriversJanuary 23, 2026

What FMCSA’s New Enforcement Push Means for Fleets in 2026 [Podcast]

Listen as transportation attorney and TruckSafe Consulting President Brandon Wiseman joins the HDT Talks Trucking podcast to unpack the “regulatory turbulence” of last year and what it means for trucking fleets in 2026.

Read More →
DriversJanuary 20, 2026

How Pilot Is Using AI in Truck Maintenance

A practical look at how artificial intelligence is helping Pilot's trucking fleet move from reactive maintenance to a more proactive approach.

Read More →
Ad Loading...
SponsoredJanuary 19, 2026

3 New Ways Fleet Software Pays: ROI opportunities for modern fleet managers

Safety, uptime, and insurance costs directly impact profitability. This eBook looks at how fleet software is evolving to deliver real ROI through proactive maintenance, AI-powered video telematics, and real-time driver coaching. Learn how fleets are reducing crashes, defending claims, and using integrated data to make smarter operational decisions.

Read More →
SponsoredJanuary 19, 2026

Basic Tracking vs Next Generation Fleet Technology

Fleet software is getting more sophisticated and effective than ever, tying big data models together to transform maintenance, safety, and the value of your existing tech stack. Fleet technology upgrades are undoubtedly an investment, but updated technology can offer a much higher return. Read how upgrading your fleet technology can increase the return on your investment.

Read More →
Graphic showing smart truck parking technology with a highway sign reading “Spaces Available” and the Streetline logo.
Driversby News/Media ReleaseJanuary 16, 2026

Streetline Expands Smart Truck Parking System on West Coast

Streetline is expanding smart truck parking tools, including a new I-5 deployment in Washington and a no-upfront-cost pilot model for state DOTs.

Read More →
Ad Loading...
Truck parked at night
Driversby Deborah LockridgeJanuary 15, 2026

Third 'Jason's Law' Truck Parking Survey Under Way

The Federal Highway Administration is asking motor carriers and truck drivers to give input on where and when drivers have difficulty finding truck parking, and on how drivers prefer to get information on available parking.

Read More →
Driversby StaffJanuary 8, 2026

FMCSA Continues Focus on State Issuance of Non-Domiciled CDLs

The Federal Motor Carrier Safety Administration continues a crackdown on an increasing number of states it says have been issuing non-domiciled CDLs improperly.

Read More →
Driversby Deborah LockridgeDecember 30, 2025

Will FMCSA’s Driver-Oriented Enforcement Initiatives Affect Capacity?

The Department of Transportation and the Federal Motor Carrier Safety Administration took several actions in 2025 to tighten enforcement of regulations for commercial drivers. Will those affect trucking capacity in 2026?

Read More →
Ad Loading...
Driversby Deborah LockridgeDecember 15, 2025

Q&A: Lisa Kelly Explains Ice Road Trucking, Reality TV Editing, and Life as a Female Driver

Lisa Kelly talks to HDT about the return of the show Ice Road Truckers, what really happens on the ice roads, how reality TV shapes drivers’ stories, and the career she’s built beyond the show.

Read More →