Kofi Campbell, et al. v. C.R. England, Inc.

United States District Court for the District of Utah
Docket No: 13-262

Counsel: Justin Swidler, Richard Swartz

UPDATE: On September 30, 2015, the District Court granted final approval to the proposed settlement. Individuals who filed consent forms should expect to receive payment in mid to late December.

On April 11, 2013, Kofi Campbell and 8 other over-the-road truck drivers of C.R. England filed a federal lawsuit in the United States District Court for the District of Utah asserting that C.R. England violated the Fair Labor Standards Act (“FLSA”) and the common-law. Specifically, the plaintiffs assert that they were paid under the federal minimum wage and had wages improperly withheld by C.R. England during their employment. In September of 2013, the United States District Court for the District of Utah conditionally certified this matter as a collective action under the FLSA.

Following more than two years of litigation, and following a private mediation, the Parties reached an agreement to settle this action for five million dollars ($5,000,000).  On September 30, 2015, the Court granted final approval to the settlement and authorized distributions to all valid class members who joined the litigation by submitting consent forms.

About the LawsuitLegal Notice on Settlement
The lawsuit asserts the C.R. England violated federal wage and hour law, and specifically, the Fair Labor Standards Act (“FLSA”), by paying its over-the-road truck drivers less than mandated by federal law. The plaintiffs contend that C.R. England failed to pay its newly hired drivers for a mandatory multi-day classroom orientation, failed to pay its drivers for mandatory testing and evaluations, failed to pay its drivers at least minimum wage while drivers were over-the-road, and failed to pay for overnight travel. In September of 2013, the United States District Court overseeing this matter granted Plaintiffs’ motion to conditionally certify this matter as a collective action. On July 6, 2015, the District Court granted preliminary approval to the settlement.  The Final Fairness Hearing is currently scheduled for September 18, 2015.