Superior Court of the State of California, County of Los Angeles – Central Civil West
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Welcome to the Information Website for the
Express Messenger Wage and Hour Cases
Class: All “first and last mile” delivery drivers who delivered or picked up OnTrac packages in the state of California at any time from February 22, 2009, to the present. Excluded from the class are those drivers and/or businesses that entered into direct contractual agreements with OnTrac (other than a marketing agreement) and drivers classified as employees.
Introduction: This case is proceeding on behalf of a class of delivery drivers who claim they were misclassified as independent contractors instead of employees. As a result of this misclassification, Plaintiffs in this matter claim that OnTrac failed to pay overtime, failed to pay minimum wages, failed to provide meal periods or appropriate compensation for missed meal periods, failed to provide rest periods or appropriate compensation for missed rest periods, failed to provide accurate wage statements, failed to provide all tools and equipment that were required or necessary to perform the job, and engaged in unfair business practices under the Unfair Competition Law.
OnTrac denies Plaintiffs’ claims and maintains that OnTrac (1) did not hire or engage any of the delivery drivers in the class, (2) was not and is not responsible for the payment of any of the delivery drivers for delivery services, and (3) does not owe any of the amounts claimed in the lawsuit.
No decision has been made as to who is correct in how they see this lawsuit.
1. Remain in the class, and be represented by Class Counsel: If you wish to participate in the case and to be represented by Class Counsel (Marlin & Saltzman, LLP, Capstone Law, APC, The Hamideh Firm, P.C., and James Hawkins, APLC) you do not need to do anything right now. You will be automatically included as a member of the certified class and you will receive further notices as the case progresses. You will retain the possibility of receiving money or benefits that may come from further litigation of the case. You will also be bound by the results, whether favorable or unfavorable, and you will give up the right to separately sue OnTrac for legal claims that are the same as or related to those alleged in this lawsuit.
2. Remain in the class, but retain your own lawyer: If you wish to remain in the class, but retain counsel of your own choosing, you must notify the attorneys for the class, and whichever attorney(s) you choose must notify the Court. You will be responsible for any fees incurred by your attorney(s). You will retain the possibility of receiving money or benefits that may come from further litigation of the case. You will also be bound by the results, whether favorable or unfavorable, and you will give up the right to separately sue OnTrac for legal claims that are the same as or related to those alleged in this lawsuit.
3. Exclude yourself from the class: If you do not wish to participate in this case, you also have the right to exclude yourself from the class. If you do not want to participate in the lawsuit, you must request to be excluded by completing and submitting a Request for Exclusion Form. You will retain the right to pursue your own claims against OnTrac with legal counsel of your choosing, but the statute of limitations on your claim will continue to run. You will not give up any rights or claims you may have by excluding yourself from this action. You will not be bound by any judgment or settlement reached in the class action. If you decide not to participate, the Court will exclude you from the class if your request is either submitted by visiting the following website and completing the Request for Exclusion Form there, no later than November 12, 2019:
OR you may submit your request by mailing the enclosed Request for Exclusion form to the claims administrator at the address listed below and it is postmarked no later than [30 days from mailing], 2019: www.EMSWageAndHour.com
Express Messenger Systems Wage and Hour Cases
c/o CPT Group Inc.
50 Corporate Park
Irvine, California 92606
You do not need to submit both, you may exclude yourself by submitting the Request for Exclusion form online OR by mailing it to the address above.
Deadline for returning an exclusion request
NOVEMBER 12, 2019