A former delivery driver for Vadnais Heights-based Timberland Transportation, LLC, doing business as Priority Courier Experts (“Priority”), today filed a class action lawsuit in Ramsey County District Court alleging the company misclassified its drivers as independent contractors when they were, in fact, employees. The case may be the first class action brought under Minnesota’s strengthened worker misclassification statute, Minn. Stat. § 181.722. Halunen Law attorneys Clayton Halunen, Susan Coler, and Tara Jensen represent plaintiff Lamar Allen Hairston and the proposed class.

“Priority’s drivers are the backbone of its business. They carry its name on their uniforms and vans and follow its every instruction, yet the company calls them independent contractors with the result that the drivers pay costs for operating and maintaining their vehicles and don’t get paid overtime,” said Clayton Halunen, Managing Partner of Halunen Law. “The Legislature strengthened this law precisely to stop this type of practice. We intend to use it to make sure Priority’s drivers receive what Minnesota law guarantees every employee.”

According to the complaint, Priority requires its drivers, whom it calls “Fleet Partners,” to sign standardized independent-contractor agreements. Yet the lawsuit alleges Priority controls nearly every aspect of the job, including setting customer prices and driver pay, as well as controlling day-to-day work assignments and how the drivers complete the deliveries. At the same time the drivers bear the extensive costs of vehicle leases, fuel, insurance, maintenance, uniforms, and equipment. The plaintiff in this case, Lamar Hairston, routinely worked 10 to 14-hour days, but, as alleged in the complaint, after paying expenses he may not even have earned minimum wage for the day’s work, let alone received a premium for overtime. Drivers also receive none of the benefits Priority provides its employees, such as health insurance, paid time off, and a 401(k) match, and are excluded from workers’ compensation, unemployment insurance, and earned sick and safe time.

In 2024, the Minnesota Legislature declared its state policy to prevent employers from misclassifying workers and strengthened the misclassification statute, allowing workers to sue directly for compensatory damages and civil penalties of up to $10,000 per violation. The lawsuit seeks to represent all Minnesota drivers Priority classified as independent contractors during the past three years, a group the complaint says likely numbers in the hundreds. It seeks unpaid wages and overtime, reimbursement of expenses, lost benefits, statutory penalties, and a declaration that the drivers are employees under Minnesota law.

Read the full Complaint.

About Halunen Law: Offering experienced representation to employees and whistleblowers nationwide, Halunen Law has achieved a reputation as a fearless, tenacious, and successful law firm focused on achieving justice and meaningful results for its clients. See halunenlaw.com.

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“The Legislature strengthened this law precisely to stop this type of practice. We intend to use it to make sure Priority’s drivers receive what Minnesota law guarantees every employee.” - Clayton Halunen