Port truck drivers strike outside of XPO Logistics Inc., in Commerce, Oct. 2, 2018, on Day 2 of their 3-day strike in which hundreds of LA/Long Beach port truck drivers and warehouse workers walked off the job. (Photo by John McCoy, Contributing Photographer)

Port truck drivers for XPO Logistics launched a three-day strike at XPO Commerce. Hundreds of LA/Long Beach port truck drivers from XPO Logistics Inc. and NFI Industries walked off the job on Monday as part of a 3-day strike in Los Angeles on October 3, 2018. (Photo by John McCoy, Contributing Photographer)

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A truck is held up infront of the picket-line. Port truck drivers for XPO Logistics launched a three-day strike at XPO Commerce. Hundreds of LA/Long Beach port truck drivers from XPO Logistics Inc. and NFI Industries walked off the job on Monday as part of a 3-day strike in Los Angeles on October 3, 2018. (Photo by John McCoy, Contributing Photographer)

A Teamster hands a flyer to a truck driver being held up by the picket-line. Port truck drivers for XPO Logistics launched a three-day strike at XPO Commerce. Hundreds of LA/Long Beach port truck drivers from XPO Logistics Inc. and NFI Industries walked off the job on Monday as part of a 3-day strike in Los Angeles on October 3, 2018. (Photo by John McCoy, Contributing Photographer)



A labor strike by hundreds of disgruntled truck drivers and warehouse workers at the ports of Long Beach and Los Angeles entered its second day on Tuesday, Oct. 2, amid news that one of the striking workers has won a judgment against a company being picketed.

On Oct. 1, port truck driver Rodolfo Dominguez learned that the California Division of Labor Standards Enforcement has ruled in his favor, finding that he had been misclassified as an independent contractor. As a result his employer, trucking company XPO Logistics owes him $123,074 for the period of April 30, 2016 through Jan. 29, 2018.

Misclassification of workers as independent contractors instead of employees is a primary reason for the planned three-day strike. Workers say that being classified as contractors robs them of eligibility for benefits such as vacation time, sick pay and workers’ compensation.

“I hope that my case serves as an example to the company and they know we won’t stop speaking out until XPO stops cheating us out of fair pay and workplace rights,” Dominguez said during a rally Tuesday at XPO Logistics’ Commerce location.

This week’s protests are targeting marine terminals, rail yards, warehouses and distribution centers used by XPO and NFI Industries. This week marks the 16th such strike against logistics companies at the ports in five years.

XPO, which has offices in Los Angeles, Long Beach and Orange County, issued a statement saying that the narrative that it doesn’t offer full-time employee positions is “misinformation.”

“If any of our independent contractors would prefer to work as an employee driver, we have employment opportunities in our Southern California locations,” the company said, adding that it expected the labor action would be a “nuisance,” but not harm day-to-day operations.

The striking workers are expected to hold an 11 a.m. rally Wednesday at Waterfront Park in Wilmington.