Welcome to the official settlement website for the Polmax/Experior Trucking Settlement
This website provides information about a class action settlement that has been reached in a lawsuit entitled Komorski v. Polmax Logistics LLC, et al., No. 2021-CH-01601 (Ill. Cir. Ct. Cook Cnty.). The case involves allegations that Polmax LLC, which does business as Experior Transport, together with the other Defendants, unlawfully misclassified their truck drivers as independent contractors rather than employees and took deductions from the drivers’ paychecks in violation of Illinois and New Jersey law. The Defendants deny the allegations, and the Court has not decided who is right or wrong. Rather, the parties have reached a compromise to end the lawsuit and avoid the uncertainties and costs of further litigation. Please read this notice carefully. It summarizes the rights and options under the settlement. You can access and read the full Settlement Agreement from the documents page of this site.
Who’s in the Settlement?
The Settlement Class: All individuals who: within the applicable statute of limitations, (1) entered into Independent Contractor Agreements or similar agreements with a Defendant; (2) resided in Illinois or New Jersey and personally performed services as a driver for a Defendant in Illinois or New Jersey; and (3) were not classified as employees of a Defendant.
What are my options?
If you are a member of the Settlement Class, then you have the following options under the Settlement:
1) Submit a Claim to Receive Compensation: The proposed Settlement provides for a fund totaling $1,500,000.00, and Class Members are eligible to submit a Claim for a cash payment from the Settlement Fund. The amount each Class Member receives will vary based on the amount of chargebacks taken from their compensation and the length of time each Class Member provided services under contract to a Defendant. Further, the final payment amount could also change depending on how many Approved Claims are submitted. It is anticipated that each Class Member will be eligible for a minimum payment of at least $1,500.00. To receive a payment, you must submit a claim by January 30, 2023. You can submit your claim online at the Settlement Website or mail it to the Settlement Administrator.
2) Exclude Yourself: You may exclude yourself from the Settlement. If you choose this option, you will not receive a payment from the Settlement, but you will keep your right to hire your own lawyers and bring a separate lawsuit against the Defendants at your own expense if you want to do so. Your request to exclude yourself must be submitted by mail no later than January 30, 2023. You must follow the process for exclusions described in the Settlement Agreement. If the Settlement is approved and you do not exclude yourself, you will be bound by the Settlement and will release certain claims as described below.
3) Object: You may object to the Settlement. The deadline for objecting to the Settlement is January 30, 2023. All objections must be mailed to the Parties’ lawyers and the Settlement Administrator.
4) Do Nothing: If you do nothing, you will remain a member of the Settlement Class but you will not receive any payment and will still be bound by the release of claims against the Defendants.
NOTE: This is just a summary. The Settlement Class Members’ rights and options under the Settlement—and the deadlines to exercise them—are explained in the Settlement Agreement and summarized in the long-form notice available on this site.
PLEASE DO NOT CALL OR WRITE THE COURT OR THE COURT CLERK’S OFFICE. THEY WILL NOT BE ABLE TO ASSIST YOU. If you have questions, or if you’d like more information, please visit the documents page of this site or call the lawyers representing the Class at (312) 893-7002