Attention Mears Transportation Luxury Chauffeurs
If you have worked as a Mears Transportation luxury chauffeur at any time during the past three years (including current drivers), and Mears said you were an independent contractor, you may be eligible to recover lost wages in a new class action lawsuit that has been filed in Florida federal court alleging Mears luxury chauffeurs are employees entitled to a minimum wage for each hour worked and overtime pay for every hour over 40 hours in a given week.
If you have worked as a Mears Transportation luxury chauffeur at any time during the past four years, and Mears said you were an independent contractor, you may be eligible to recover, among other damages, the business expenses that Mears required you to pay including vehicle lease fees, fuel, toll costs, and other fees.
Why is this lawsuit being filed?
Over the last several years, courts have ruled that companies cannot classify drivers as independent contractors instead of employees in an effort to avoid paying certain business expenses and to deprive those misclassified workers of lost wages. While we cannot promise or guarantee any recovery, like those other lawsuits, the lawyers representing current and former Mears luxury chauffeurs have filed a lawsuit against Mears Transportation challenging its classification of luxury chauffeurs as independent contractors.
What is a Class Action?
This case is both a potential class action under state law and a potential collective action under federal law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.
Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. We intend to file the motions at the appropriate times asking the Court to grant these certifications.
Am I Eligible?
Because this lawsuit arises under both state and federal law, you may be able to pursue a state law claim, a federal law claim, or both state and federal law claims.
Do I Have a Qualifying State Law Claim?
You may have a claim under Florida state law if you worked for Mears Transportation within the past four years, were an independent contractor in the luxury group, and paid Mears vehicle lease fees, fuel, toll costs, and other fees.
Do I Have a Qualifying Federal Law Claim?
You may have a federal law claim if you worked for Mears Transportation within the past three years as an independent contractor, and paid vehicle lease fees, fuel, toll costs and other fees.
Note: Both federal and state claims in this case only apply to the individuals that worked in Florida during the applicable statutory period in each state.
What Time Frame Is Covered?
The federal statutes of limitations allow workers to recover pay for minimum wage and overtime for hours worked within two years of your last date of employment. If we prove that the company willfully violated the law, the statute of limitations may be extended to 3 years.
The state law claims pursued in this case allows workers to recover damages up to 4 years from the last date of employment with Mears Transportation.
Of course, regardless whether you have a claim within the limitation period, we will need to establish for the Court or a jury that the claim is legally and factually valid.
How Do I Join This Case?
If you worked at Mears Transportation within the past 3 years: To join the case against Mears and seek to collect lost wages, overtime, and other damages that you may be entitled to receive, you must “opt in” (join) by submitting this form: Click here to download a consent form to “opt in” (join) this lawsuit.
If you need a form mailed to you, please contact Lawrence & Bundy LLC at (240) 786-4998, or by e-mail at firstname.lastname@example.org.
If you worked at Mears Transportation within the past 3 to 4 years: To make a claim in this action under state law, we must amend the complaint and add you as a party. To do so, we need your contact information which must be provided by filling in this form.
Do I Have To Pay Anything for Your Representation?
You do not have to pay anything to our firm if you join the lawsuit. We will only be paid if the lawsuit is successful in obtaining relief either through a settlement or final judgment, and that payment will only come out of that settlement or final judgment or otherwise directly from Mears as approved by the Court.
How Do I Prove I Worked Overtime?
While it is impossible to tell you precisely what facts a Court or jury will find compelling or satisfactory, we will request all applicable payroll and time records from Mears, including MDT communication time stamps, check in and check out forms, GPS tracking information, among other records to establish your work time. Where the employer does not keep accurate time records, courts permit the employee to make a good faith estimate of overtime hours. This means that you do not need to have proof of the hours you worked to make a claim. You do not need any records of your overtime hours worked to be eligible. Of course, you must preserve your records relating to your employment with Mears and we will want to review copies of those records.
How Long Will This Case Take?
The length of an action such as this varies from case to case. They typically last from one to three years.
How Do I Update My Contact Information?
To update your contact information, please complete and submit this form.
What About Retaliation?
The law protects you from retaliation for asserting your rights to recover wages under the Fair Labor Standards Act. If you suffer retaliation, you may be able to assert additional claims. If you believe that you are the victim of retaliation for participating in this lawsuit, contact us immediately.
How Can I Help?
If you have any information that may assist us with this case, please contact our case clerk, Heather Snyder at email@example.com or 240-786-4998.
How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Heather Snyder, at firstname.lastname@example.org or (240) 786-4998. You can also review our case updates above.
To read about the work of the law firm that has filed this new case, Lawrence & Bundy LLC, please visit www.lawrencebundy.com.