Court Certified Class Action Against Trucking Firm
New Mexico truck drivers can now pursue a class-action lawsuit over overtime pay calculations.
Updated on Oct. 13, 2026 in Employment
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A federal district court in New Mexico has granted class certification to a group of hourly truck drivers suing EVO Transportation & Energy Services, Inc. The lawsuit alleges violations of the New Mexico Minimum Wage Act regarding how overtime is calculated.
Why it matters
This case highlights potential compliance risks for logistics operators who utilize hourly drivers and must navigate state-specific wage laws. The decision centers on whether out-of-state driving time should be included in overtime calculations under local statutes.
The federal court certified a single class action for hourly drivers rather than individual lawsuits, determining that common legal questions predominated. The total number of affected employees and the specific dollar amount of the alleged wage shortfall remain currently unknown.
The players
EVO Transportation & Energy Services, Inc.
A logistics and transportation firm that manages shipping operations and employs hourly driving staff.
The details
The court's ruling establishes that a class action is the superior method for resolving the wage dispute against EVO Transportation & Energy Services, Inc. At issue is the legal interpretation of the New Mexico Minimum Wage Act and specifically whether hours worked outside of the state count toward the mandatory overtime threshold. Employers must assess if their current payroll systems and legal interpretations of driving time align with state-level hourly labor standards.
Timeline
October 13, 2026: The federal district court granted class certification.
Market Landscape
This litigation follows a pattern of state-level challenges to how logistics companies apply local labor laws to interstate work. It marks a critical interpretation of the New Mexico Minimum Wage Act as it pertains to the operational boundaries of the trucking sector.
Operators in the trucking industry should review their payroll classifications for interstate drivers to ensure compliance with state-specific wage and hour laws. Consult with qualified legal counsel to audit your exposure to claims involving out-of-state hours in states with distinct labor statutes.
The takeaway
The court's decision signals that regional wage statutes may apply to broader operational hours than employers previously assumed. Monitor the outcome of this case to determine if you need to adjust your overtime tracking or payroll systems for drivers performing work across state lines.
Further reading
For more on managing labor law compliance, review updates in Employment.
Source note: This article includes information reported by Bloomberglaw.
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Should courts favor class action lawsuits over individual claims in wage disputes?
