Shuttle Drivers in Illinois Gain Class Certification in IC Misclassification Action.

An Illinois federal district court has certified a class of over 60 shuttle drivers who allege federal, state, and local wage and hour violations by Bosman Trucking, Inc. due their classification as independent contractors and not employees. The court found that the “numerosity” requirement for class certification was met because there were more than 60 past and present shuttle and spotter drivers. The court found the “commonality” requirement was satisfied because the class representatives and the proposed class members all presented identical wage and hour claims under the FLSA, Illinois Minimum Wage Law, and Chicago Minimum Wage Ordinance, and all have allegedly been subject to similar or identical work policies, procedures, rules and duties. 

The “typicality” requirement was also met according to the court where the class representatives and all class members are suing to enforce the provisions of local, state and federal wage and hour statutes arising from similar or identical wage and hour practices of the trucking company. Finally, the court found the “adequacy” requirement was met because the class representatives have demonstrated sufficient interest in the outcome of the litigation and have effectively and vigorously prosecuted the action. Johnson v. Bosman Trucking Inc., No. 1:19-cv-02066 (N.D. Ill. Aug. 8, 2022).