Costello v. BeavEx, Inc.
BeavEx is a same-day delivery service that uses 104 couriers to carry out its customers’ orders throughout Illinois. By classifying its couriers as independent contractors instead of employees, Beav-Ex attempted to avoid the requirements of state and federal employment laws, including the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115, which prohibits an employer from taking unauthorized deductions from its employees’ wages. Plaintiffs, and the putative class, were or are couriers who allege that they should have been classified as employees of BeavEx for purposes of the IWPCA, and that any deductions taken from their wages were illegal. The Federal Aviation Administration Authorization Act of 1994 (FAAAA), 49 U.S.C. 14501(c)(1) expressly preempts any state law that is “related to a price, route, or service of any motor carrier.” The district court held that the FAAAA does not preempt the IWPCA and denied BeavEx’s motion for summary judgment. The court also denied Plaintiffs’ motion to certify the class but granted their motion for partial summary judgment, holding that Plaintiffs are employees under the IWPCA. The Seventh Circuit affirmed the denial of BeavEx’s motion for summary judgment, vacated the denial of class certification, and remanded for further proceeding View "Costello v. BeavEx, Inc." on Justia Law