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employment

Freymiller

Bromlow and Walters v. D&M Carriers, LLC d/b/a Freymiller Court
File No. 4:19-cv-05358 (Northern District of California)

On August 26, 2019, we filed a case against D&M Carriers, LLC d/b/a Freymiller (“Freymiller”) in the Northern District of California on behalf of truck drivers who were not paid for all of their work hours while driving in California. 

The Named Plaintiffs, represented by Nichols Kaster and co-counsel Brown, LLC, brought their claims individually and on behalf of all other similarly situated drivers who worked for Freymiller and drove in California during the applicable statutory period.  The Complaint alleges that drivers were paid on a per-mile basis only and did not receive any compensation for non-driving time, in violation of California state wage laws.  For example, the complaint alleges the uncompensated time included loading and unloading, fueling and cleaning trucks, pre/post-trip inspections, sleep time, and on-duty breaks. 

The case was filed as a class action under the California Labor Code and California’s Industrial Welfare Commission Wage Order No. 9.  The Named Plaintiffs seek unpaid minimum wages, meal and rest break compensation, penalties, and liquidated damages on behalf of himself and the putative class members.

We understand that payment on a per-mile basis is common in the trucking industry. If you worked for another trucking company and drove to California in the last four years, but only received mileage-based pay, you may have a claim. Under California law, payment per-mile may result in uncompensated time such as loading and unloading, fueling, cleaning, inspections, on-duty breaks, and sleep time if you are required to stay with your truck. Please contact our clerk Sherick Francois for more information, at sfrancois@nka.com or call (612) 256-3213.

Type of Case

Unpaid Time

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Am I eligible?

If you worked for Freymiller as a driver within the past four years and drove within California, you may be eligible to recover damages in this case. If you have questions about your eligibility, please contact the case clerk, Sherick Francois, at sfrancois@nka.com or (612) 256-3213.

Additional Information

How Do I Join This Case?

If you are interested in participating in this case, please contact the case clerk, Sherick Francois, at sfrancois@nka.com or call (612) 256-3213. There is a possibility the Court will certify this case as a class action under California state laws.  If that happens, eligible drivers will be notified they are covered and will automatically be included in this case unless they “opt out.” 

What Time Frame Does This Case Cover?

There is a time limit under California law called a statute of limitations that allows an employee to recover unpaid wages for up to four years.  If you drove in California for Freymiller within four years prior to the filing of the Complaint to the present, you may be included as a class member. 

Do I Have To Pay Anything?

No, you will not have to pay us anything out of your own pocket.  We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award. 

How Do I Prove the Hours I Worked?

If you have records relating to your work with Freymiller, please keep them until we ask you for them.  However, you do not need to have records of your work hours to make a claim. If Freymiller did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours.  We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Freymiller.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for Freymiller and you believe you may be the victim of retaliation for joining this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

If you are interested in assisting with this case for unpaid wages, please contact our case clerk to discuss how you can help. If you know of any drivers who may be interested in participating in this claim for unpaid wages, please inform them that they should contact us to determine whether they are eligible.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Sherick Francois, at sfrancois@nka.com or call (612) 256-3213.

Case Updates

  • September 20, 2019

    Drivers Represented by Nichols Kaster, LLP and Brown, LLC File Lawsuit Against D&M Carriers, LLC d/b/a Freymiller Alleging California Wage Violations

    On August 26, former drivers filed a case against D&M Carriers, LLC d/b/a Freymiller ("Freymiller") in the Northern District of California on behalf of truck drivers who were not paid for all their work hours while driving in California.

    The Named Plaintiffs, represented by Nichols Kaster and co-counsel Brown, LLC, brought their claims individually and on behalf of all other similarly situated drivers who worked for Freymiller and drove in California during the applicable statutory period. The Complaint alleges that drivers were paid on a per-mile basis only and did not receive any compensation for non-driving time, in violation of California state wage laws. For example, the complaint alleges the uncompensated time included loading and unloading, fueling and cleaning trucks, pre/post-trip inspections, sleep time, and on-duty breaks.

    The case was filed as a class action under the California Labor Code and California's Industrial Welfare Commission Wage Order No. 9. The Named Plaintiffs seek unpaid minimum wages, meal and rest break compensation, penalties, and liquidated damages on behalf of themselves and the putative class members.

    Plaintiffs' attorney Matthew C. Helland of Nichols Kaster, LLP explained, "like many trucking companies, Freymiller uses a mileage-based pay plan that fails to pay drivers for all their work time. California law does not allow employers to 'build in' non-driving tasks into per-mile pay, so tasks like loading, fueling, cleaning, and inspecting are effectively unpaid."

    Plaintiffs are represented by Matthew C. Helland and Daniel S. Brome from Nichols Kaster, LLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Nicholas Conlon from Brown, LLC in Jersey City, New Jersey. The case is entitled, Bromlow and Walters v. D&M Carriers, LLC d/b/a Freymiller., No. 4:19-cv-05358 (Northern District of California).

    Additional information about how to make a claim for overtime pay in the case may be found at www.nka.com or by contacting Nichols Kaster, PLLP toll-free at (877) 448-0492, ext. 213.

    Photo by VanveenJF on Unsplash

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