C.R. England Drivers win Conditional Class Certification under the FLSA

SALT LAKE CITY: On September 5, 2013, the United States District Court for the District of Utah entered an order conditionally certifying class of drivers who are or were employed by C.R. England at any point from July of 2010 through the present. The drivers contend that C.R. England violated violated the Fair Labor Standards Act (“FLSA”) and paid its drivers below the federal minimum wage for all hours worked.

Earlier this year, eight truck drivers of C.R. England filed a lawsuit in federal court in Salt Lake City, UT asserting that the trucking company failed to pay proper wages to them and all other over-the-road truck drivers as required by the Fair Labor Standards Act (“FLSA”).  The truck drivers allege that C.R. England failed to appropriately measure the amount of work time performed each working day, and as a result, failed to pay them significant wages throughout their employment.   The drivers contend that C.R. England fails to pay its truck drivers any compensation for a multi-day orientation, fails to pay any compensation for certain compensable travel time, and fails to pay any compensation for mandatory testing and evaluation following training.  The truck drivers further allege that C.R. England pays its over-the-road truck drivers significantly less than the federal minimum wage during mandatory over-the-road training, and further fails to pay its regular employees at least minimum wage following training.

Swartz Swidler, LLC represents the truck drivers in their fight for wages.  Swartz Swidler focuses much of its practice on nationwide wage and hour litigation, and is one of the nation’s leading firms in fighting for wages of truck drivers.  Swartz Swidler has filed numerous complaints around the country seeking wages for truck drivers, and is currently class counsel in a class action against Werner Enterprises where they represent more than 52,000 truck drivers.  The exact size of the class in the C.R. England lawsuit is not yet known, although it is suspected that the class will contain more than 25,000 drivers.

If you have worked for C.R. England at any point since July of 2010, you may file a Consent Form to join the FLSA litigation here.