Injured Worker Granted Summary Judgment on Claim Involving Other Employer
- New York’s Appellate Division, First Department ruled that a laborer employed by Quality Facility Solutions Corp, should have been granted summary judgment on his Labor Law claim against a building owner 22-12 Jackson Owner LLC, Britt Realty LLC, and Vector Building Corp, after he was struck by sheetrock that slid off a forklift operated by a Feldman Lumber employee.
- The ruling means that while the worker’s own employer is shielded by workers’ compensation exclusive remedy provisions, the injury-producing forklift was operated by an employee of a separate company, Feldman Lumber, opening the door to a third-party civil suit and potential subrogation recovery for the workers’ compensation carrier.
- The court also granted the worker summary judgment on his common-law negligence claim against Feldman Lumber, finding its forklift operator failed to properly extend the machine’s forks.
Driver Misclassification Lawsuit Granted Class Action Status
- The U.S. District Court for the Central District of Illinois has granted class action status to a lawsuit brought by two drivers who claim they were misclassified as independent contractors rather than employees against Illinois-based carrier Risinger Brothers Transfer Inc.
- Judge Jonathan Hawley ruled the plaintiffs met the “modest evidentiary burden” needed for class certification under the Fair Labor Standards Act, finding they presented enough evidence that they may be victims of an unlawful employment practice.
- The drivers allege Risinger controlled their work like employees, assigning them through dispatchers, requiring delivery time windows, and operating under the company’s logo and DOT number. At the same time, the company allegedly made unauthorized deductions from their pay for truck payments, insurance, fuel and maintenance that in some cases left them earning below minimum wage.
- Risinger argued a class action was inappropriate because the proposed class spans six different categories of independent contractor drivers with differing operations, but Judge Hawley said those distinctions could be addressed later and don’t bar collective class notice at this stage.