SuperShuttle drivers claim they are employees, not independent contractors
SuperShuttle drivers are fighting back against Veolia Transportation, the parent company of the airport shuttle service for its policies. Under the current system, van operators are considered independent contractors instead of employees, which means they are not eligible for basic labor benefits including overtime pay and minimum wage for their employee attendance.
As a result of this classification and the fees and interest payments franchise-owners must pay the company, many workers are finding it difficult to turn a profit. Okieriete Enajekpo, a SuperShuttle driver in Maryland, said he has to pay the company about $900 every week for franchise costs, his van lease, weekly insurance payments and fees for using the reservation system and equipment, according to The Washington Post.
Because the shuttle operators have to drive a company-issued van that can't be used for transportation outside of work, wear specific company uniforms, can't advertise their own services and aren't allowed to turn down jobs, they claim they shouldn't be considered independent contractors, the source reports. According to the Fair Labor Standards Act (FLSA), workers must have a certain degree of freedom to be exempt from employment status.
Some states have already faced SuperShuttle lawsuits and settled on the side of the drivers. In Colorado, drivers were given the right to unionize and the company was ordered to return $65,000 in franchise fees, according to the Communications Workers of America. Similar employers can avoid penalties for FLSA violations by reviewing state and federal labor rights on a regular basis.
As a result of this classification and the fees and interest payments franchise-owners must pay the company, many workers are finding it difficult to turn a profit. Okieriete Enajekpo, a SuperShuttle driver in Maryland, said he has to pay the company about $900 every week for franchise costs, his van lease, weekly insurance payments and fees for using the reservation system and equipment, according to The Washington Post.
Because the shuttle operators have to drive a company-issued van that can't be used for transportation outside of work, wear specific company uniforms, can't advertise their own services and aren't allowed to turn down jobs, they claim they shouldn't be considered independent contractors, the source reports. According to the Fair Labor Standards Act (FLSA), workers must have a certain degree of freedom to be exempt from employment status.
Some states have already faced SuperShuttle lawsuits and settled on the side of the drivers. In Colorado, drivers were given the right to unionize and the company was ordered to return $65,000 in franchise fees, according to the Communications Workers of America. Similar employers can avoid penalties for FLSA violations by reviewing state and federal labor rights on a regular basis.
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