550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200) | (626-795-0205)

Garcia, et al v Macy's and XPO Logistics


UPDATE - September 29, 2018

This case has taken longer than we expected because our case has been combined with two other cases.

HOWEVER, we are planning to be mediating this case late next month and/or early in November - for possible settlement!

You can still help us with this case!  If you drove and/or helped drivers for Macy’s and/or XPO in California beginning in December, 2014 and any time since then you might be a class member in our case.

Macy’s and XPO claim these people were not employees.  The claim these drivers and helpers are independent contractors.  We think the facts will prove otherwise.  If we're right, this will benefit all who drove and/or helped drivers for the work done in delivering Macy’s furnishings as set forth herein.

This is what happens when one does the work of an employee, BUT isn’t called an employee.  You don’t get taxes taken out.  You don’t get a breakdown of how much goes to social security, etc.  In fact, such companies don’t even pay anything toward social security or state or federal taxes at all.  So you'd have to pay it all.

If you worked for Macy’s and/or XPO as a Driver or Helper in the State of California Northern California since January, 2015 you can do yourself a favor by getting in touch with us.  Your help might help yourself and lots of people in that mediation NEXT MONTH!

Please call us  at 626.795.0205 or 818-547-5200 or email us at tom@falveylaw.com.  You can also mail us at 550 North Brand Blvd., 15th Floor, Glendale, California, 91203.

Here’s what we would really like to know.  How many hours were you actually working - even if you were stuck someplace waiting for another truck or a delivery or whatever else - on average, each day.

We’d also like you to send us copies of any checks or 1099s you got from Macy’s or XPO OR ANYONE ELSE when you were doing that work.  

If you have ANY documents relating to your job there, such as copies of checks, delivery orders, schedules, pictures of uniforms, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.

Thanks for all the help you can send our way AS WE AIM TO MEDIATE AND SETTLE THIS CASE.

Please call us right away at 626.795.0205 OR 818-547-5200 or email us at tom@falveylaw.com.


UPDATE

While the lawsuit against Macy's and Eletto in Northern California has both settled and been given final approval, WE ARE STILL GOING AHEAD WITH A SIMILAR CLASS ACTION against Macy's and XPO.  

The difference between the two cases is that the Macy's/Eletto case was for people who worked for Macy's in NorCal as drivers and helpers up through December, 2014.  

This case involves a proposed class-action lawsuit for northern California drivers and helpers who worked in Northern California focusing only on Macy's and XPO Logistics LLC “XPO” (the Defendants).

Macy’s and XPO claim these people were not employees.  The claim these drivers and helpers are independent contractors.  We think the facts will prove otherwise, which we hope will benefit all who drove and/or helped drivers for the work done in delivering Macy’s furnishings as set forth herein.

This case is brought on behalf of people who worked as Drivers or Helpers for those Defendants in California at any time since January, 2015 in Northern California, and specifically Alameda County.  The case was filed in Alameda County Superior Court as Case Number RG16821800 (a copy of the complaint is attached).

In this lawsuit, filed on behalf of the Plaintiffs named above and those people who worked at the same job, Plaintiffs claim that Macy’s and XPO did not comply with California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you worked for Macy’s and/or XPO as a Driver or Helper in the State of California Northern California since January 2, 2015we would like to speak with you.  Please call us  at 818-547-5200 or email us at tom@falveylaw.com.  You can also mail us at 550 North Brand Blvd., 15th Floor, Glendale, California, 91203.

If you are or were a Driver or Helper for those companies in Northern California since January, 2015, you can help yourself and all those other people who drove or helped deliver furnishings for Macy’s in this case. If you have any documents relating to your job there, such as copies of checks, delivery orders, schedules, pictures of uniforms, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.

Thanks for all the help you can send our way. Your call or email might go a long way toward helping all these Drivers and Helpers.

We hope to hear from you soon.


We hope and assume you were/are aware that our case filed against Macy’s and Eletto for Southern California was resolved by settlement which was given final approval by the court on June 29, 2015.

Just recently, however, on July 1, 2016, we filed a new proposed class-action lawsuit for northern California drivers and helpers who worked in Northern California, entitled Ramon Garcia, Victor Ramirez, Adrian Valente, Mario Nipon and Mynor Cabrera against Macy’s West Stores, Inc. “Macy’s”, Joseph Eletto Transfer, Inc. “Eletto” and XPO Logistics LLC “XPO” (the Defendants).

Macy’s and Eletto and XPO claim these people were not employees.  The claim these drivers and helpers are independent contractors.  We think the facts will prove otherwise, which we hope will benefit all who drove and/or helped drivers for the work done in delivering Macy’s furnishings as set forth herein.

This case is brought on behalf of people who worked as Drivers or Helpers for those Defendants in California at any time since July 1, 2012 in Northern California, and specifically Alameda County.  The case was filed in Alameda County Superior Court as Case Number RG16821800 (a copy of the complaint is attached).

In this lawsuit, filed on behalf of the Plaintiffs named above and those people who worked at the same job, Plaintiffs claim that Macy’s and Eletto did not comply with California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you worked for Macy’s and/or Eletto and and/or XPO as a Driver or Helper in the State of California Northern California since July 1, 2012 we would like to speak with you.  Please call us  at 818-547-5200 or email us at tom@falveylaw.com.  You can also mail us at 550 North Brand Blvd., 15th Floor, Glendale, California, 91203.

If you are or were a Driver or Helper for those companies in Northern California in the past four years, you can help yourself and all those other people who drove or helped deliver furnishings for Macy’s in this case. If you have any documents relating to your job there, such as copies of checks, delivery orders, schedules, pictures of uniforms, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.

Thanks for all the help you can send our way. Your call or email might go a long way toward helping all these Drivers and Helpers.

We hope to hear from you soon.

 


Case Documents:

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

The logos and trademarks used on this site are the property of their respective owners.

ADDRESS: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | P: 818-547-5200 or 626-795-0205