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.

Case Documents:

Complaint

In The Courtroom

Our litigators help workers advance legal claims that address systemic injustice. We use antitrust, anti-slavery, fraud, wage-and-hour, and common-law challenges to address the wide variety of practices that nickel-and-dime low-wage workers out of their hard-earned wages. We have represented a hundred thousand childcare workers alleging wage suppression, tens of thousands of immigrant detainees alleging forced labor, and hundreds of construction workers, shepherds, manicurists, janitors, and kitchen hood cleaners. We are leaders in challenging anti-competitive practices that reduce worker bargaining power and support marginalized people who challenge structural impediments to their advancement.

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