An independent contractor driver filed a case (the “Lawsuit”) in St. Louis alleging that Crossroads violated the FLSA by treating him and other drivers as independent contractors (i.e. they were misclassified), and consequently, failed to pay overtime when appropriate. The Lawsuit also contained a class action under Missouri’s wage laws.

The Lawsuit alleges drivers technically worked more than forty hours a week when all hours worked are considered (e.g. work started from the time of the first order until returning home after the final delivery, including time spent waiting for assignments and including picking orders and other administrative work).

The Lawsuit is called Dylan Williams, on behalf of himself and all others similarly situated v. Crossroads Courier, Inc. Case No. 20SL-CC05596 in the Circuit Court of St. Louis County Missouri and was brought as a collective action under the FLSA in addition to other claims.

Crossroads denies the allegations in the Lawsuit. Crossroads maintains that the drivers it works with have been properly classified as independent contractors. Crossroads also denies that it owes anyone overtime. Finally, Crossroads contends that the drivers’ FLSA claims should not proceed on a collective basis.

Though the facts and law are still in dispute, the parties in the Lawsuit have reached a settlement of the claims in the Lawsuit. The Court has granted a preliminary approval of the settlement, and its final approval is still pending. Part of the settlement process approved by the Court is to send this notice to you and other eligible members of the collective action (the “Collective Action”).

To find out how much money you may receive under the settlement after final approval you can contact Analytics Consulting.

Although this notice and its contents have been authorized by the Court, the Court has made no findings on the merits of the Lawsuit.

You may be eligible to join the Collective Action as an opt-in member if you did not sign an arbitration agreement** and you meet the criteria below:

1. You worked for Crossroads as a driver in Missouri between August 27, 2017 to October 26, 2023 (the “Collective Period”);
2. you worked forty hours or more in one or more workweeks during your time with Crossroads, and
3. you received 1099 payments for your work as a driver for Crossroads in Missouri totaling at least $7,500 during the Collective Period.

**Some drivers who began working with Crossroads in or after July 2021 may have signed Owner/Operator Agreements requiring arbitration in the event of a dispute. Review your Agreement to see if you signed such a clause, and if so you are not eligible for this case.

You received a Notice because Crossroads’ records reflect that you (1) were a driver in Missouri between August 27, 2017 and October 26, 2023, (2) received at least $7,500 during that time, and (3) did not likely sign an arbitration agreement. The parties dispute how to calculate the number of hours drivers worked each week. Because of that, this Notice provides the opportunity for only those drivers who agree that they worked more than forty hours in at least one week during the Collective Period to opt-in to the Lawsuit.

If the Court grants final approval of the settlement of the Lawsuit, and you are an eligible Collective Action member who has timely returned the enclosed consent form, you may be entitled to receive a share of that money arising from the Collective Action. But if you submit your consent form, you will be bound by any judgment, whether it is favorable or unfavorable in the Lawsuit. If approval is not granted and Crossroads were to prevail in this Lawsuit, you may or may not be responsible, in part, for paying a portion of court costs or other potential costs Crossroads paid defending this lawsuit. Such costs, if any, likely would be a proportional share, divided among all collective members.

While the Lawsuit is pending, you may be required to participate in discovery, including answering written questions under oath, producing documents relating to your work with Crossroads or that are otherwise relevant to the Lawsuit, have your deposition taken, and/or testify in court. If so, you will be represented by the attorneys of THE MEYERS LAW FIRM LC or REAVEY LAW LLC further identified below.

Crossroads may not retaliate against you or discourage you from joining this Lawsuit.

The parties in the Misclassification Case have reached a preliminary settlement of the claims. If you join, and the Court grants a final approval, you will be eligible to receive a settlement payment, half of which will be paid as wages, for which you will receive a W-2, and the other half of which will be paid as liquidated damages, for which you will receive a 1099. If you join the Lawsuit, you will receive separate notice in the future regarding the settlement.

You must complete the consent form and timely return it by submitting online or via mail, fax, or email to Crossroads Lawsuit Administrator, Analytics Consulting, at:

Crossroads Lawsuit
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
Fax: 952-404 5750
Email: info@CrossroadsLawsuit.com

Please note: you are not a member of the Collective Action until you return the consent form by the deadline and the form is filed with the Court by the attorneys. If you return the consent form, you will be represented by the following attorneys with the law firms:

Kevin Koc
THE MEYERS LAW FIRM P.C.
503 One Main Plaza
4435 Main Street
Kansas City, MO 64111
Ph. 816.280.4215
Fax: 816.444.8508
kkoc@meyerslaw.com

Patrick Reavey
REAVEY LAW LLC
1600 Genessee Suite 303
Kansas City, MO 64102
Ph: 816.474.6300
Fax: 816.474.6302
preavey@reaveylaw.com

You have no obligation to join the Collective Action. If you do not join, you will receive separate notice of participation in the related class action portion of the Lawsuit, which also involves these issues. Your recovery in the related Missouri class action will be less than your recovery if you join the Collective Action.

If you decide to join the Collective Action, complete and return the signed consent form to the Crossroads Lawsuit Administrator listed above. The signed consent form must be faxed, emailed, or postmarked no later than January 15, 2024 in order for you to join.

This Notice does not fully describe the Lawsuit. You may inspect the case files at the St. Louis County Circuit Court, 105 South Central Avenue Clayton, MO 63105, from 9:00 a.m. to 4:30 p.m., Monday through Friday (https://wp.stlcountycourts.com). The phone number for that courthouse is 314-615-8029.

PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK REGARDING THIS NOTICE.