Diakon Logistics, Inc. Class Action

Since the beginning of 2008, The Emge Firm, LLP 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.

On August 21, 2013, the Southern District Court granted our motion for class certification on behalf of "all persons who performed work for Diakon Logistics (Delaware) Inc. as a delivery-truck driver in the State of California between December 5, 2003 and the present and were designated and paid by Diakon as an independent contractor rather than an employee, and who did not employe or use other drivers to perform the work assigned to them by Diakon."

If you are a member of the class described above, your information may be critical to the prosecution of the case. Please contact us now at 1-866-629-3409.

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