Certain truck drivers who contracted to drive for DNJ Intermodal Services, LLC within the State of Illinois, may be entitled to a cash payment from a class action settlement.

The Circuit Court of Cook County has preliminarily approved a class action settlement in the lawsuit Barrera v. DNJ Intermodal Services, LLC, No. 2015-CH-09701. The case involves allegations that DNJ Intermodal Services, LLC, unlawfully misclassified their truck drivers as independent contractors rather than employees and took deductions from the drivers’ paychecks in violation of Illinois law. DNJ denies the allegations, and the Court has not decided who is right or wrong. Rather, the parties have reached a compromise to end the lawsuit and avoid the uncertainties and costs of further litigation.

What are my options?

If you are a member of the Settlement Class, then you have the following options under the Settlement:

1. Do Nothing, and Participate in the Settlement: The proposed Settlement provides for a gross settlement fund totaling $3,250,000.  If you do nothing, you will remain a member of the Settlement Class and will be eligible to receive a cash payment from the Settlement Fund. The amount each Class Member receives will vary based on the number of owner-operator pay statements you or your business entity received from DNJ. You do not need to do anything to receive a cash payment from the Settlement Fund. Assuming the Court approves the Settlement, you will be sent a check as described above shortly after what is called the “Effective Date” of the settlement agreement, which we anticipate would be within the next five (5) to months (although this timing is subject to change).  You will be bound by the judgment and bound by the injunction against prosecuting wage-related claims against DNJ, and you will release claims against DNJ as discussed in the Notice.
2. Exclude Yourself from the Settlement and receive no money: You may exclude yourself from the Settlement. If you choose this option, you will not receive a payment from the Settlement, but you will keep your right to hire your own lawyers and bring a separate lawsuit against DNJ at your own expense if you want to do so. Your request to exclude yourself must be submitted by mail no later than August 17, 2023. You must follow the process described in section 8 below. If the Settlement is approved and you do not exclude yourself, you will be bound by the Settlement and will release certain claims as described in the Notice.
3. Object: You may object to the Settlement. The deadline for objecting to the Settlement is August 17, 2023. All objections must be mailed to the Parties’ lawyers and the Settlement Administrator.