Transportation 57

The recent request filed by attorneys for DHL Express and a class of its employees to approve a $740,000 settlement in Hom v. DHL Express (USA) Inc., an overtime class action, serves as a reminder to carriers that truck drivers are not the only instigators of wage and hour class actions.  The past several years have seen a flood of wage and hour class action lawsuits filed by employee and owner-operator truck drivers against motor carriers.  While this trend is expected to continue, the DHL settlement shows that carriers can be on the receiving end of class action claims filed by non-driving workers also.  In Hom, the plaintiffs were DHL field supervisors who managed various hourly employees, including courier drivers, dockworkers, and agents.  The supervisors were classified as exempt from overtime as executives but challenged this designation, claiming that they did not qualify for the executive exemption and were therefore entitled to overtime pay.  DHL maintained that the designation of the supervisors as executives was appropriate given the nature of the supervisors’ work.  The court is expected to approve the parties’ settlement.  Carriers, who have been watching their backs as more and more driver-initiated wage and hour class actions are filed, should be on the lookout for, and take steps to avoid, claims by non-driving personnel.