CDL Instructors Misclassified? New Jersey Trucking School Ordered to Pay $345K

by TRUCKERS VA
(UNITED STATES)

When "Training the Next Generation" Becomes Cutting Corners

In New Jersey, a trucking school just learned the hard way that calling your employees “independent contractors” when they’re actually not… well, that can get expensive.

Smith & Solomon, one of the East Coast’s well-known commercial driving schools, has agreed to pay a $345,492 settlement after a U.S. Department of Labor investigation found they misclassified over 20 CDL instructors. The kicker? These instructors were doing full-time work with company control — but were treated like freelancers with no benefits, no overtime, and no rights.

Let’s break this down Diesel Powered Content style — because there’s more to this than just legal drama.

The Real Issue – Misclassification is Not Just a Paperwork Error

Trucking schools (and carriers, let’s be real) sometimes mislabel workers as “independent contractors” to avoid paying things like:

Overtime

Health benefits

Workers’ compensation

Employer payroll taxes

It’s cheaper. But it’s also illegal if the worker’s day-to-day life is controlled like an employee.

In this case, the CDL instructors weren’t out here marketing their services or setting their own schedules. Nope. They were working under the direction of the school, using the school’s trucks, and doing what the school told them to — like any regular W-2 employee.

Perspective from the Driver’s Seat – Why Truckers Should Care

You might be thinking: “I ain’t a CDL instructor, so what’s this got to do with me?”

Fair question.

Here’s why it matters:

This misclassification trend is creeping into more corners of the industry, including dispatch, orientation, and even owner-operator lease setups.

It sets a tone — if schools are cutting corners, how are they preparing future drivers?

If you’re ever offered a contract gig at a training school, know your rights. Just because a company says “contractor” doesn’t mean it’s legit.

The Game They Play – What the Company Gets vs. What You Lose

Let’s be honest — the companies benefit big when they pull this off:

They dodge tax obligations.

They shift liability.

They avoid paying into worker protections like unemployment insurance.

Meanwhile, the so-called “contractor” gets:

No job security

No benefits

No real say in operations

And if something goes down? They’re left holding the bag

This ain’t just about one school in New Jersey. It’s about a system that loves to play legal hopscotch until somebody calls them out.

Industry Response – Crickets, Mostly

So far, there hasn’t been a big industry outcry. Why would there be? If every trucking school started paying instructors like legit employees, some of them would fold. CDL schools are already popping up like fast-food joints — not all are bad, but too many focus on volume over value.

The real ones? They’re paying right, training right, and not looking for loopholes.

We should be lifting them up — not letting the bad actors set the tone.

What Needs to Change – Know the Law, Protect Your Future

Here’s what the U.S. Department of Labor is making clear: if it walks like an employee, and talks like an employee, it ain’t no contractor.

If you're in trucking — whether you're a new driver, trainer, or even thinking about starting your own school or dispatch service — you gotta understand misclassification. It can bite you on the backend whether you’re the boss or the worker.

Bottom Line – Don't Let Fancy Titles Fool You

What happened in New Jersey ain’t rare — it’s just finally getting called out. This is a warning shot to training schools and companies all over the country: respect the workforce, or pay up.

But for you, the driver? This is also a reminder:

Know your worth

Understand your contracts

Don’t assume the company’s telling you everything straight

And if you’re stuck somewhere that’s playing games with your money or title, start planning your exit strategy now — before the rug gets pulled.

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