Published in Asian Journal
“But he [George Moriarty] wrote something where I think he did what I tried to do in this [John Wooden] pyramid. He called it the road ahead or the road behind. He said, “Sometimes, I think the fates must grin as we denounce them and insist the only reason we can’t win is the fates themselves have missed. Yet there lives on the ancient claim we win or lose within ourselves. The shining trophies on our shelves can never win tomorrow’s game. You and I know deeper down, there’s always a chance to win the crown. But when we fail to give our best, we simply haven’t met the test of giving all and saving none until the game is really won, of showing what is meant by grit; of playing through when others quit; of playing through, not letting up. It’s bearing down that wins the cup. Of dreaming, there’s a goal ahead; of hoping when our dreams are dead; of praying when our hopes have fled; yet losing, not afraid to fall, if bravely, we have given all. For who can ask more of a man than giving all within his span. Giving all, it seems to me, is not so far from victory. And so the fates are seldom wrong, no matter how they twist and wind, it’s you and I who make our fates – we open up or close the gates on the road ahead or the road behind.” — George Moriarty quoted by Coach John Wooden, TED Talks.
The cup at the finish line is for the clients, for most lawyers. To super lawyers with a heart for those unfairly treated, that cup of justice includes behavioral corrections. While for those with sharp-edged consciences aligned to what is a just and level playing field, it includes game-changing practices, balancing industry profits, with honor and dignity, to the employees and their families.
Attorney C. Joe Sayas, Jr. is a game changer for the port trucking industry, a lawyer/visionary who worked to change the business models of port trucking firms. Protected by a complex labyrinth of sister companies making it quite difficult to pierce the corporate veils of these shipping firms, Atty. Sayas’s team succeeded in obtaining evidence of who benefitted from these unfair practices of misclassifying truck drivers as independent contractors when in fact, these port truck drivers are employees.
The win in Taylor vs. Shippers Transport Express, Inc. No. 2:13-cv-02092 (C.D. May 11, 2015) has resulted in the payments of back wages to 540 “wronged” port truck drivers in Los Angeles, Long Beach, and Oakland. The drivers were once wrongfully classified as “independent contractors”, allowing the companies to deduct business costs from drivers’ pay and failing to pay for hours worked while under the control of these companies.
It was an astounding gross settlement of back wages to be paid to 540 truck drivers, an amount of $11,040,000. It is estimated that the Class Administrator will distribute these checks, after proper accounting, to the port truck drivers by the summer end of this year. It will be an early Christmas for their families, including their covered health benefits. This case has also influenced the US Department of Labor to clarify the category definition of independent contractors, announcing it in their May 2015 monthly newsletter from the Secretary of Labor that the department is currently working on this issue.
Atty. Sayas underscored that the win came with a team of professional lawyers (Matthew Hayes, Karl Evangelista, Kye Pawlenko) and expert witnesses who have been strong advocates of justice for the truck drivers. The lawsuit was vigorously contested by Shippers Transport Express and SSA Marine, Inc, the biggest marine terminal operator in North America, undoubtedly with very deep pockets to hire big-time defense firms (Gordon & Rees LLP; Susman Godfrey LLP).
Three years ago, Atty. Sayas was warned by the opposition that the trucking company would not change its business model of classifying the drivers. Hence the message was that they were in for a long fight. At that time, he could remember that character. The Navy diver, played by Cuba Gooding, Jr., who was trying to be the first black driver with the US Navy in the film, “Men of Honor.” He was asked why he wanted so much to be a diver, and his response was: “I want it because they said I could not have it!”
During a visit to Atty. Sayas’ Glendale law firm, this writer saw several Super Lawyer plaques and framed newspaper headlines for clients’ wins, including a quote from Hon. Margaret Morrow on Bato vs. Laboratory Corporation of America Holdings: “Given the factual difficulties plaintiffs faced gathering evidence to prove their claims, it appears that counsel achieved an excellent result.”
While the defense’s visit might have made one’s resolve quiver, Atty Sayas pursued certification of the lawsuit as a class action, benefitting similarly situated plaintiffs.
The daunting process of evidence gathering in this class action included taking 57 depositions, including those of key critical decision makers, talking to hundreds of truck drivers personally, and in town hall meetings where information was gathered and disseminated. More than ten motions were filed and aggressively opposed and argued in court. Pursuing an elaborate electronic discovery, Atty. Sayas’ team, which included computer experts, eventually obtained and reviewed more than a million pages of paper and electronic documents. Finding compelling evidence that well supported the drivers’ claims, the team stood ready for trial.
Judge Beverly Reid O’Connell of the US District Court for the Central District of California highlighted the significance of this game-changing lawsuit in her decision:
“… [As] Defendants ‘are major players in the port-trucking and marine terminal industries.’… The reclassification may encourage other businesses within the industry to follow suit. In short, the non-monetary relief obtained here represents a “special circumstance” that justifies an upward enhancement from the benchmark.”
Judge Beverly Reid O’Connell also increased the fees to 33.33 percent, instead of the standard 25 percent attorneys’ fees, recognizing, “Given the significant time and energy class counsel have skillfully devoted to this case, this factor favors a finding that the proposed fee request is reasonable.”
Challenging the industry’s business model
For years, the port trucking industry profited, with dishonor, from deducting the expenses of fuel, insurance, and truck repairs from these truck drivers, whose primary work was driving trucks under the strict control of these trucking companies.
When the truck drivers were injured while during the scope of doing their driving duties, they and their families were left without the required protections of workmen’s compensation insurance.
“With the unfair practices stopped, they are now paid for every hour worked, provided with retirement benefits, paid medical and dental leaves, and medical and dental insurance for drivers and their family dependents. In the end, hundreds of deserving workers (and others more to be hired) are and will be entitled to significant employment benefits. It is a great feeling to have made a difference in the lives of these workers and their families!” Atty. Sayas shared with the Asian Journal.
Where the resolve to fight comes from
Atty. Sayas shared his life’s mission, “from success to significant impact on people’s lives.”
When he was younger, the drive to succeed in his career was ambition-driven, but as he met his career goals, it became more than a “career win” it became more of transcending oneself, and instead, a relevance that benefits many, “giving me a very compelling source of energy, an empowerment from within, my faith.”
At every procedural obstacle, he kept regrouping and analyzing with his team what resources he could use. “I had to strengthen myself daily, to pray for courage, and I did not get it instantly. God gives you challenges, you rise above them, [and] and that develops character. [Challenges] give you a firmer stomach and a thicker skin; it gives you the strength to withstand a crisis. You don’t win all the time. But you must stand up from every fall. With litigation, you are prepared to win, but you must not be afraid to lose, ”Atty. Sayas continued.
He used the metaphor of a basketball game, much like what he told the kids in a basketball camp: “it is about doing your play in a different basketball court, as opposed to just your home court advantage. It is about realizing the time on the clock and carrying yourself to the final minute, not losing your head, but growing with your team and staying on top of the game strategies as their basketball captain. I will not know all of [the] hundreds of case elements, but together, the team does, and not to lose patience and faith.”
Much like what Coach John Wooden shared in his TED talk about his UCLA basketball youngsters, hundreds and hundreds of them, who grew to become 30 attorneys, 11 dentists, and many doctors, teachers, and other professionals, all learned his pyramid, the top two, faith, and patience.
The next time you are on the road, wave to that port truck driver “trucking” that cargo from the port. They may not be as irate, for now, they have been treated fairly as the law provides, thanks to Atty. Joe Sayas and his team!