Since the beginning of 2008, Emge & Associates has been litigating a putative class action in the Southern District of California on behalf of all delivery drivers employed by Diakon Logistics, Inc. in California. The case was brought by three delivery drivers: one in San Diego and two in Sacramento.

Delivery drivers are hired by Diakon to delivery furniture for Diakon's largest retail clients. These include Jerome's Furniture, Sears, and others. Delivery drivers are all classified as independent contractors by Diakon and, as such, are responsible for all expenses associated with their delivery work, including truck rental, fuel, liability insurance, uniforms and any damage to goods being delivered.

A true independent contractor would experience the benefits of creating their own work schedule, the means in which deliveries are performed, the freedom to accept or reject certain deliveries and delivery routes and the freedom to co-deliver for other clients if they so choose. Diakon delivery drivers, however, are subject to the constant control over all aspects of their daily work and rewarded (or punished) depending on a monthly evaluation of their work. In other words, they are treated as employees.

Plaintiffs allege that they have been misclassified. As such, Diakon, rather than the drivers, are properly responsible for all reasonable expenses incurred in the performance of their work. For many drivers, this means the difference between a reasonable livelihood and essentially poverty level wages.

If you are or were employed by Diakon Logistics, Inc. as a delivery driver between December 5, 2003 and the present, your information may be critical to the prosecution of the case. Please contact us now at 1-866-629-3409.