Mashel Law recently filed a nationwide collective and State of New Jersey class action lawsuit in the United States District Court of New Jersey against Slay Transportation Co. Inc., Slay Industries and J.S. Leasing Company, Inc. (“Slay Industries”) on behalf of their client Marcos Doglio, and all similarly situated current and former truck drivers who worked for Slay Industries nationally and in New Jersey. The lawsuit alleges Slay Industries misclassified the truckers as independent contractors when in fact they were employees in violation of the federal Fair labor Standards Act (FLSA), the New Jersey Wage and Hour Law (NJWHL) and the New Jersey Wage Payment Law (NJWPL). Slay Industries offers a range of transportation (liquid and dry bulk), distribution and warehousing services and operates in 48 states, Canada and Mexico. It maintains a fleet of more than 1,600 tractors and trailers. The company maintains over 350,000 square feet intermodal distribution center. It provides tank cleaning, safety and risk management services. Slay Industry manages a staff of more than 550 drivers, dispatchers, terminal managers and support personnel. Slay Industries makes approximately $100 to $500 million in revenue per year
Under the collective action brought by Mashel Law under FLSA, the proposed class consists of persons employed by Defendants as a truck driver at any time three years prior to the filing of the lawsuit through the entry of judgment who were misclassified as an independent contractor. Plaintiff Doglio claims that he and the trucker drivers he seeks to represent were purposefully misclassified as independent contractors by Slay Industries to conceal the fact that there existed an employer-employee relationship. This resulted in Plaintiff and the truck drivers being denied substantial legally required compensation, including overtime pay, given that the Plaintiff and the Nationwide Collective Class routinely worked in excess of forty (40) hours per workweek. To remedy his damages and the Nationwide Collective Class Members he seeks to represent under FLSA, Plaintiff seeks a declaration that his rights, and the rights of other Nationwide Collective Class Members were violated, and an award of unpaid wages, liquidated damages, interest, and reasonable attorneys’ fees and costs to make them whole for damages suffered.
Under the class action claims brought under the NJWHL and NJWPL, the proposed class consists of persons employed by Defendants as a truck driver in New Jersey at any time two years prior to the filing of this action for violations under the NJWHL and six years prior to the filing of this action for violations under the NJWPL through the entry of judgment and who worked for Slay Industries who were misclassified as an independent contractor. Plaintiff further alleges Slay Industries took unlawful deductions from Doglio and the New Jersey Class in violation of the NJWPL including, but not limited to, deductions for fuel, tires, registration fees, motor vehicle liability insurance/trucker’s liability and cargo insurance, occupational accident and/or workers’ compensation insurance, labor costs, damages or loss to the company’s equipment To remedy his damages and the damages of the New Jersey Class Members, Plaintiff seeks a declaration that his rights, and the rights of other New Jersey Class Members were violated, and an award of all available statutory damages including, but not limited to, unpaid wages, interest, and reasonable attorneys’ fees and costs to make them whole for damages suffered.
Marcos Doglio’s attorney, Stephan T. Mashel, Esquire of the law firm of Mashel Law, L.L.C., located in Morganville, New Jersey, says his client seeks collective and class certification and an award of money damages because Slay Industries misclassified its truck drivers as independent contractors when they were in fact employees depriving them of varied employee benefits such as entitlement to overtime pay while at the same time unlawfully burdening the drivers with costs of operation which an employee would not normally be required to pay for. Mashel is confident that under the legal tests or standards properly applicable to FLSA, NJWHL and NJWPL, the proofs to be presented will demonstrate that the truck drivers who worked for Slay Industries were misclassified as independent contractors and are entitled to an award of damages to the fullest extent provided by law.
If you believe you have suffered damage because your employer has misclassified you as an independent contractor, do not hesitate to call the attorneys at Mashel Law (732) 536-6161 or fill out the contact form on this page for immediate help. The attorneys at Mashel Law are dedicated to protecting the rights of employees.