Federal Court Certifies Class Against XPO Logistics

The federal District Court for Massachusetts has certified a class of delivery drivers who have performed deliveries in Massachusetts in a case against XPO Last Mile, Inc. (d/b/a XPO Logistics).

In that case, Gonzalez, et al. v. XPO Last Mile, Inc., D. Mass. Case No. 1:19-10290, the plaintiffs claim that XPO Logistics misclassified its delivery drivers in Massachusetts as independent contractors, rather than as employees, and in doing so deprived them of the wages, benefits, and statutory protections that come with being an employee.On January 10, 2022, the federal court ruled that this case could proceed as a class action on behalf of the following group:

All drivers who performed deliveries in Massachusetts on behalf of XPO to Lowe's customers within the period of July 20, 2015, to the present, excluding helpers and any drivers who signed contracts with XPO.

The court held that the class met all the requirements for certification under Federal Rule of Civil Procedure 23, including that the claims of the class presented common issues of law and fact with respect to XPO's status as the delivery drivers' employers, that those common issues predominated over issues affecting only individual delivery drivers, that the named plaintiffs' claims against XPO were typical of the class of drivers they sought to represent, and that a class action was a superior method for resolving this case. You can read a copy of the court's decision here.If you meet the definition of the class certified by the court, then you are a "class member" in this case, which means you are represented by our law firm and the named plaintiffs. If you have questions about this case, the claims involved, or wish to update us on your contact information, please contact Steve Churchill at steve@fairworklaw.com.