Employee misclassified as contractor loses other claims. $24.8K. Alameda County.


Jury awarded only unreimbursed expenses and pre-judgment interest due.

The Case

  • Case Name: Tumurbaatar v. ARN Freight Corp., et al.
  • Court and Case Number: Alameda County Superior Court Case No. RG17871944
  • Date of Verdict or Judgment: Tuesday, February 07, 2023
  • Date Action was Filed: Monday, August 14, 2017
  • Type of Case: Employment, Labor Code Violation
  • Judge or Arbitrator(s): Evelio Grillo
  • Plaintiffs:
    Tuvshinbayar Tumurbaatar, 37
  • Defendants:
    ARN Freight Corp., et al.
    Prime Logistics LLC (one of defendant's corporate entities)
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $24843.33
  • Award as to each Defendant:

    Award against defendant ARN Freight Corp.: $2,362.10

    Award against defendant Prime Logistics LLC: $22,481.23

  • Economic Damages:


  • Non-Economic Damages:

    None awarded.

  • Trial or Arbitration Time: 12 days
  • Jury Deliberation Time: 8 hours

The Attorneys

  • Attorney for the Plaintiff:

    Burton Employment Law by Jocelyn Burton, Oakland.

  • Attorney for the Defendant:

    Law Office of Arkady Itkin by Arkady Itkin, San Francisco. (For all defendants.)

    Herman J. Marino, LTD by Herman Marino,  Chicago IL. (Admitted pro hac vice.) (For all defendants.)

Facts and Background

  • Facts and Background:

    Plaintiff, a long-haul truck driver, sued the defendants for misclassification as an independent contractor, failure to pay minimum wage, failure to provide meal and rest breaks, unpaid overtime, and failure to reimburse for necessary expenses.

  • Plaintiff's Contentions:

    Plaintiff claimed that he was misclassified as a contractor and should have been treated as an employee; he wasn't paid for all hours worked, including minimum wage and overtime pay; he wasn't provided with meal and rest breaks, and he wasn't reimbursed for his expenses.

  • Defendant's Contentions:

    Defendants argued that plaintiff was correctly classified as a contractor, and he was paid all compensation due in full. Defendants also argued that plaintiff was free to make his own schedule and to take breaks wherever and whenever he wanted.

Demands and Offers

  • Defendant Final Offer before Trial: $30,000

Additional Notes

The jury found that plaintiff was, in fact, misclassified. The jury found against plaintiff on minimum wage, overtime, and missed meal and rest breaks claim and only awarded plaintiff unreimbursed expenses and pre-judgment interest due.