Elmhurst trucking company faces lawsuit alleging underpaid drivers, safety violations

Chicago-area trucking company accused of underpaying drivers, unsafe practices

The U.S. Department of Transportation has been cracking down on trucking violations as part of a nationwide push in recent months to improve safety. Earlier this year, officials said Operation SafeDRIVE resulted in nearly 2,000 unqualified truck drivers and vehicles being taken off the road. 

ELMHURST - The U.S. Department of Transportation has been cracking down on trucking violations as part of a nationwide push in recent months to improve safety.

Earlier this year, officials said Operation SafeDRIVE resulted in nearly 2,000 unqualified truck drivers and vehicles being taken off the road. 

Now, allegations against a suburban trucking company are coming to light.

What we know:

Super Ego Holding LLC, based in Elmhurst, is at the center of a federal, class-action lawsuit that alleges drivers are underpaid and forced to push their limits behind the wheel.

The class-action lawsuit, originally filed in 2022, alleges the company and other named defendants, "conspired to engage in a widespread, longstanding scheme to defraud semi-truck drivers with whom they contract to steal part of their compensation."

There are 12 named plaintiffs, but nearly 800 others have also joined the class-action lawsuit, according to the law firm representing the drivers. 

The drivers have sued Super Ego Holding for breach of contract, violating the Truth in Leasing Act, deceptive business practices, and civil conspiracy,

"When we dug in further, it turned out that many of the drivers had actually received rate confirmation sheets, which are two-page documents that come from freight brokers and memorialize the price of the load that they hired for Super Ego. They said that they had obtained real rate confirmations from the freight brokers listing one price, and Super Ego sent them a secretly altered rate confirmation sheet reflecting a lower price," said Chris Wilmes, shareholder, Hughes Socol Piers Resnick & Dym, LTD.

Wilmes, who represents the drivers in the lawsuit, says they were promised 88% of the revenue from each load they hauled, but claims the company was skimming off the top.

"The drivers allege that they were told they would receive 88% of the load price, less a certain truck rental payment, some insurance costs, and that they would have to reimburse Super Ego for the cost of the fuel," Wilmes explained. "The drivers allege that they were paid less than 88%. They also allege that Super Ego charged them more than their contract allowed for the price of fuel."

In some cases, Wilmes says this resulted in a negative balance on their paycheck.

"They spend all their days crossing the country, hauling and delivering loads. Many of them have been doing it for a long time, and they stay out on the road for weeks and weeks at a time," Wilmes said. "Certain drivers allege that Super Ego would allow them to reset their clocks so they could drive over the DOT limits, and I think there are some drivers that felt the pressure to do that just so they wouldn't end up with a negative paycheck."

According to the Federal Motor Carrier Safety Administration (FMCSA), property-carrying drivers "may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty."

Dig deeper:

The federal government is also targeting "chameleon carriers" — trucking companies with safety violations that shut down and re-open under different names.

The U.S. Department of Transportation posted Monday on X, "FRAUD ALERT. FOREIGN-OWNED trucking fleets are DISGUISING themselves with new DECALS and wreaking havoc on our roads!"

On Monday, the agency also shared this statement with FOX Chicago:

"FMCSA is taking aggressive action to root out chameleon carriers for the threat they pose both to American families on our roads and the integrity of our trucking industry. Our hardworking and law-abiding carriers deserve a system that is fair, transparent, and free from bad actors who cut corners and cause chaos."

What's next:

Legal proceedings in the class-action lawsuit are ongoing, with the discovery phase underway.