NAVAJO TRUCK DRIVERS SEEK ORDER DETERMINING COERCIVE CONTRACT PROVISIONS ARE ILLEGAL AND UNENFORCEABLE: Boswinkle v. Navajo Express, Inc.
Complaint alleges that the “loser pays provision” and “class waiver” in truck drivers’ contract with Navajo Express are illegal and unenforceable.
Two truck drivers are asking a Colorado court to declare that two provisions of their contract are unenforceable. The workers allege that the “class waiver” and “loser pays provision” they challenge are designed to, and in fact do, prevent workers from holding Navajo Express accountable for legal violations, including misclassifying their workers as independent contractors. Far too often employers pack contracts with illegal terms designed to chill their workers from coming forward to report violations and recover unpaid wages. Towards Justice is proud to represent these workers, along with partners at The Kelman Buescher Firm, P.C.