Couriers Drive Wage and Hour Lawsuit Against Relay Delivery

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Relay Delivery, Inc. and two individuals with control of the business are facing a proposed collective action that claims they failed to adhere to certain provisions of the Fair Labor Standards Act and New York Labor Law. The two plaintiffs in the case, current or former delivery couriers for Relay, claim the defendant owes them minimum, overtime, and spread-of-hours wages and unlawfully denied them required wage notices and statements.

According to the suit, the plaintiffs worked for the defendants more than 40 hours per week – averaging 50 hours and 65 to 78 hours, respectively – without receiving time-and-a-half overtime wages or spread-of-hours wages for shifts lasting longer than 10 hours. The complaint also alleges that the defendants withheld approximately 20 percent of the plaintiffs’ tips and never provided them notice of a tip credit, arguing that as a result, Relay should have paid them the full minimum wage and failed to do so.

Moreover, the suit claims the defendants unlawfully required the plaintiffs to purchase “tools of the trade” – items such as parts and accessories for their bicycles that were required to perform their job duties – without reimbursing them.