Truck Drivers Win Reinstatement of State Wage Claims
A Massachusetts federal court has granted reconsideration in Sosa v.28Freight, LLC, Case No. 4:24-40064, a class action brought by truck drivers against their carrier. That decision now allows key Massachusetts state law claims to proceed after the court initially dismissed those claims on federal preemption grounds.
The plaintiffs — former drivers for 28Freight LLC — allege that the company made improper deductions from their pay in violation of the Massachusetts Wage Act and failed to pay minimum wage under state law. In an earlier ruling, the court dismissed those claims, finding they were preempted by the federal Truth-in-Leasing (TIL) regulations.
On reconsideration, however, the court concluded that dismissal was based on a “clear error of law” and vacated its prior ruling as to those claims.
Court Reverses Course, Allowing Drivers' Claims to Move Forward
In its decision granting reconsideration, the court held that the TIL regulations do not preempt Massachusetts wage laws. The court emphasized that the TIL regulations are primarily disclosure-focused, and do not mandate or authorize wage deductions. By contrast, the Wage Act substantively regulates wages and generally prohibits deductions from earned pay.
Because the two legal regimes serve complementary, worker-protective purposes and operate in distinct spheres — federal disclosure requirements versus state wage protections — the court found no preemptive conflict. It further held that compliance with both the TIL regulations and the Massachusetts wage laws is entirely possible, as carriers can adhere to TIL disclosure requirements while refraining from unlawful deductions under state law.
The court also reiterated the strong presumption against federal preemption, concluding that 28Freight hadfailed to show that Massachusetts wage laws either frustrate the purpose of the TIL regulations or make compliance with federal law impossible. As a result, the court reinstated the plaintiffs’ Wage Act and minimum wage claims, allowing those claims to move forward in the litigation.
A Significant Victory
The court's decision to grant reconsideration is a big win. Courts rarely grant reconsideration of prior orders because the standard for doing so is extremely demanding, and courts value finality. In reaching this decision, the court joined a growing body of case law recognizing that the TIL regulations do not preclude truck drivers from pursuing state law wage claims, enabling those workers to vindicate their wage rights.
The plaintiffs in Sosa are represented by Hillary Schwab and Rachel Smit at Fair Work. The attorneys at Fair Work have extensive experience representing truck drivers who have been misclassified as independent contractors and who have not received all their earned wages. If you are a driver who has questions about your employment status or the way you're getting paid, contact us for a confidential consultation.
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