Cargo & package handler (shipping, airport, warehouse, truck) wage & hour class action lawsuit investigation

Workers who loaded, unloaded, or otherwise moved goods that were transported at any time between states: who’s affected?

(Photo Credit: Mihai_Andritoiu/Shutterstock)

Did you load, unload, or otherwise handle goods that were transported at any point across state lines? Do you suspect that your employer failed to pay overtime or minimum wage, provide proper breaks, or engaged in other labor law violations?

Under a June court ruling, you may be able to make a legal claim for compensation.

A Supreme Court ruling has allowed a group of Southwest Airline workers who were involved in loading and unloading cargo from airplanes to file an overtime pay class action lawsuit against their employer. This ruling may affect other workers who are in any way involved in the transport of goods that moved across state lines at any point in time – including by loading and unloading them.

This ruling affects any employee who participated in the “chain” of movement of goods across state lines — whether the items were at the start or the end of their journey. It may have positive implications for other workers in similar situations, including but not limited to those that worked in the following roles:

  • Airport workers (baggage and cargo handlers)
  • Cruise ship employees (baggage and cargo handlers)
  • Warehouse employees who load/unload product
  • Shipping industry workers (including, for example, overnight/priority mail companies)
  • Port workers
  • Workers who load or unload trucks (any industry)
  • Workers who do inventory
  • All other types of workers who helped load or unload, or otherwise handled goods transported across state lines

Because the US Supreme Court ruled that in some cases, roles like these qualify as participating in interstate commerce, workers in these jobs may not be subject to arbitration. This means that they can take legal action against their employers and can seek compensation for unpaid wages, missed overtime pay or other wage related damages.

You may be able to seek compensation for unpaid wages resulting from a range of violations like:

  • Working off the clock
  • Being short on overtime
  • Missing meals and rest breaks
  • Not being paid back for work related expenses
  • Other pay issues

Do You Qualify?

If you were engaged in the loading or unloading of goods that were at some point transferred between states, you are likely not bound by an arbitration agreement. This means that you can take legal action against your employer to seek compensation for missed wages and the types of wage violations identified above.

Fill out the form on this page for more information.

Airline baggage handlers score Supreme Court win for labor rights

On June 6, 2022, the US Supreme Court determined that because a group of Southwest Airlines employees was involved in interstate commerce, they were legally allowed to file a class action lawsuit against their employer and were not bound by an arbitration agreement.

Despite Southwest Airlines’ claim that the class should not be allowed to proceed, the court determined that the plaintiff was not bound by arbitration because they participated in interstate commerce as a result of supervising the loading of cargo onto airplanes. The court determined that the workers qualified as having been involved in interstate commerce because they had touched, loaded, and unloaded goods that were transported between states.

Unlike in some previous cases, the workers did not need to actually be with the goods as they moved between states in order to be seen as being involved in interstate commerce – it was enough that the goods themselves at some point down the line would move between states. The act of handling the goods in that process made the employees engaged in interstate commerce to a degree that the FAA (the statute that requires arbitration) did not apply.

Because the Supreme Court is allowing these employees to proceed as a class (because the FAA, and therefore arbitration does not apply), they can now file a class action lawsuit against Southwest Airlines, asserting that they should receive overtime pay for their work in interstate commerce

Who can file a wage & hour lawsuit?

Shipping, airport baggage handlers, warehouse stockers, truck and cargo loaders, and many other categories of employees who in any way participated in the chain of “interstate commerce” employees (due to some interaction with goods that went across state lines) may have legal rights to compensation.

Employers often use arbitration agreements to avoid the legal consequences of violating their workers’ rights.

Wage and hour class action lawsuits are a major way that workers can stand up to exploitative employers, but if they are bound by arbitration agreements, they cannot take these steps to protect their rights.

Now, under the June Supreme Court ruling, workers that are engaged in interstate commerce are not bound by such arbitration agreements and they can seek payment for overtime work, missed breaks, underpayment and other labor law violations.

A range of workers may fall into the category of those engaged in interstate commerce including the following:

  • Any contracted airport workers (Gate Gourmet, Aeroport Services, and all other companies contracted with airports)
  • Trucking industry employees who load and unload trucks
  • Shipping employees
  • Cruise ship loaders/unloaders
  • Port workers
  • Airline cargo loaders/unloaders
  • Railroad industry employees who load/unload trains and freight
  • Employees who stock theme parks and stadiums’ supplies from trucks
  • Loading dock or store replenishment employees at any large company which stocks goods and packs trucks

Join a shipping employee, airport baggage handler, warehouse stocker, truck and cargo loader wage & hour class action lawsuit investigation

If you were involved in the loading and unloading of goods that were at some point transferred between states, you may qualify to participate in this “interstate commerce” wage and hour lawsuit investigation.

Fill out the form on this page for a FREE case evaluation.

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