FOR IMMEDIATE RELEASE: November 4, 2009

CONTACT: Adam Luetto, 626-568-0200

Class Action Wage-Hour Suit Filed Against Total Transportation Services, Inc. on Behalf of Southern CA Port Drivers; Labor Violations Cited Include Failure to Pay Minimum Wage or Provide Meal/Rest Breaks to Vulnerable Employees

Yesterday the Law Offices of Ellyn Moscowitz, PC, filed a class action lawsuit against Total Transportation Services, Inc. and several staffing agencies on behalf of truck drivers operating at the Ports of Los Angeles and Long Beach. Allegations include failure to pay employees minimum wage for all hours worked, failure to provide drivers with meal and rest periods, and failure to reimburse drivers for work-related expenses.

These alleged violations occurred following implementation of the Clean Trucks Program at both Ports in October of 2008. Prior to the enactment of the Program, Port trucking firms were permitted to hire owner-operator independent contractors to transport loads arriving at the Ports to various locations throughout southern California. However, under the Program, such trucking firms were required to gradually convert their workforce to direct employees. In order to comply with the Program, TTSI and other firms began hiring drivers through staffing agencies as non-exempt hourly employees. However, many of the employment practices utilized with the independent contractors continued with the non-exempt hourly employees, amounting to violations of the California Labor Code.

“This is a mind-boggling array of wage and hour violations, including failure to pay drivers at all for time spent picking up and inspecting trucks before the official start of the workday, failure to allow drivers to take required meal and rest breaks, and failure to reimburse drivers for work-related expenses,” said attorney Adam Luetto in characterizing TTSI and the staffing agencies practices. “This kind of employer behavior at our Ports amounts to nothing short of wage theft and we want to make sure the rights of these drivers are vindicated and the employers who perpetrated such employment practices are held accountable.”

On April 28, 2009, a federal district court issued a preliminary injunction, enjoining several provisions of the Clean Trucks Programs. Among the provisions enjoined was the Port of Los Angeles’ ban on owner-operator independent contractors. Although a hearing is pending on the permanent injunction of this provision, TTSI and other trucking companies have ceased to employ drivers through the staffing agencies and have returned to the status quo practice of using contract drivers to haul loads from the Ports. This arrangement allows trucking firms, like TTSI to be exempt from the strictures of California State wage and hour laws, which they would otherwise be accountable to as direct employers.

Port driver and named plaintiff Leonel Estrada said, “We took these jobs, because we wanted to make a decent living. But, with the ways we were treated by TTSI and the staffing agencies, it’s just not possible to make enough money to live on.” This sentiment is indicative of many drivers at the Port, according to the class action’s named plaintiffs. Former Port driver and TTSI employee, Plaintiff Richard Montoya, explained that, “Everything with TTSI seemed like a strategy to nickel and dime us out of our wages. When I complained about us not getting reimbursed for using our personal cell phones to communicate with TTSI during the day, it wasn’t too long until they told me not to come back to work for them.”

The named plaintiffs approached the Law Offices of Ellyn Moscowitz, PC earlier this year. Attorneys then sought assistance from the International Brotherhood of Teamsters to further develop the case. The union provided organizational support by communicating with Port drivers to inform them of their rights under CA law, and how the TTSI lawsuit could help enforce workplace protections. Teamster Organizer Ricardo Hidalgo, stated, “The Teamsters want to see justice achieved for every driver, union and non-union, and help combat the abuse and mistreatment they face within this underground port economy. They perform a tough, dangerous and vital job – its time these drivers were rewarded and valued for their work.”