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Employment

Vulcan Materials Company

Bailey et al. v. Vulcan Materials Company and Southeast Division Logistics, LLC
Case No. 1:21-cv-00998 (Northern District of Georgia)

On March 10, 2021, we filed an overtime lawsuit against Vulcan Materials Company (“Vulcan”) and Southeast Division Logistics, LLC (“Southeast”) (“Defendants”). The named plaintiff (“Plaintiff”), a driver, asserts claims individually and on behalf of other drivers nationwide. The Complaint alleges that Defendants unlawfully classified Plaintiff and other similarly situated drivers as “independent contractors” and/or “owner operators”, rather than employees, and failed to pay overtime as required by the Fair Labor Standards Act (“FLSA”). Specifically, the Complaint alleges, among other things, that Vulcan and Southeast direct and control the ways in which the Plaintiff and other drivers perform their duties, including but not limited to assigning, scheduling, tracking, and supervising their work, often resulting in heavy workloads that require overtime hours.  

Plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief.

Our firm is partnered on this matter with attorneys David Pogrel and Afroz Baig of Leonard Carder, LLP and John T. Sparks of Austin & Sparks, P.C.

Type of Case

Unpaid Overtime

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Am I eligible?

You may be eligible to make a claim under federal law in this case if you worked for Vulcan and/or Southeast as a driver at any time within the past three years (in any state), were classified as an independent contractor, and were not paid an overtime premium for all of the hours you worked over 40 per week.

Additional Information

Is This a Class Action? What Does that Mean?

This case is a potential collective action under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. To proceed as a group, though, the Court must certify the collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motion(s) at the appropriate time asking the Court to grant the certification.

Which Locations Are Included?

This case seeks to include all drivers that work or have worked for Vulcan and/or Southeast as an independent contractor, anywhere across the country within the past three years.  

How Do I Join This Case?

To make a claim in this case for any alleged unpaid overtime under the FLSA, the federal law, you must complete a consent form. You can sign up electronically by clicking here, or you can submit it to our office.

What Time Frame Does This Case Cover?

Each type of federal and state law claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitations is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that Vulcan and/or Southeast intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.

Do I Have to Pay Anything?

You do not have to pay anything if you join to recover your pay. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.

How Do I Prove I Worked Overtime?

If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay. If Vulcan and/or Southeast did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.

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 currently work for Vulcan and/or Southeast and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com 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 joining the lawsuit.

How Can I Help?

If you know any drivers interested in making a claim for unpaid overtime, they should sign up electronically by clicking here. They may also contact the case clerk, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com to sign up.  There is strength in numbers. 

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com. Keep an eye on the update section of this website as well.

Case Updates

  • March 15, 2021

    Driver Represented by Leonard Carder, LLP, Nichols Kaster, PLLP, and Austin & Sparks, P.C. Files Overtime Case Against Vulcan Materials Company and Southeast Division Logistics, LLC

    On March 10, 2021, a driver ("Plaintiff") filed an overtime lawsuit against Vulcan Materials Company ("Vulcan") and Southeast Division Logistics, LLC ("Southeast") ("Defendants"). He asserts claims individually and on behalf of other drivers nationwide. Defendants operate quarries and produce, sell, and distribute construction aggregates and construction materials throughout the United States. Defendants' products include crushed stone, sand, and gravel, and other materials including asphalt and ready-mixed concrete. Defendants have engaged Plaintiff and other drivers to transport their products from their quarries to customer sites.

    The Complaint alleges that Defendants unlawfully classified Plaintiff and other similarly situated drivers as "independent contractors" and/or "owner operators", rather than employees, and failed to pay overtime as required by the Fair Labor Standards Act ("FLSA"). Specifically, the Complaint alleges, among other things, that Plaintiff and other drivers are economically dependent on Vulcan and Southeast, and that Defendants direct and control the ways in which drivers perform their duties. These controls include assigning, scheduling, tracking, and supervising their work, often resulting in heavy workloads that require overtime hours.

    Plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act ("FLSA") seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief.

    David Pogrel, one of the plaintiff's attorneys stated, "Vulcan Materials has adopted a business model that has become all too common in the transportation and construction industries. The company requires its drivers to sign an "independent contractor" agreement that claims to give them freedom and flexibility, with the veneer of a separate business, but it controls the drivers' work and assignments like they are company employees. As employees, Plaintiff and similarly situated drivers are entitled to overtime and other protections of the FLSA. Our lawsuit seeks relief for Vulcan drivers across the country who have been misclassified."

    Plaintiff is represented by Aaron Kaufmann, David Pogrel and Afroz Baig of Leonard Carder, LLP, which has offices in Oakland and San Francisco, California, Reena I. Desai of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and John T. Sparks of Austin & Sparks, P.C. in Atlanta, Georgia. The case is entitled, Bailey et al. v. Vulcan Materials Company and Southeast Division Logistics, LLC, Case No. 1:21-cv-00998 (Northern District of Georgia).

    Additional information about the case and how drivers can make a claim in this case can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (612) 256-3224.

    Nichols Kaster, with more than thirty lawyers in offices in Minneapolis and San Francisco, represents employees and consumers in individual, class, and collective action lawsuits throughout the country. The firm has recently received a First Tier ranking on the 2021 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® "Best Law Firms."

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