CunEx Employees Owed Unpaid Overtime Wages, Lawsuit Claims

New to ClassAction.org? Read our Newswire Disclaimer

A CunEx, Inc. employee has filed a proposed collective action against the logistics company over alleged wage and hour violations.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 16-page case out of New York alleges CunEx, purportedly one of the largest FedEx contractors nationwide, and two company executives have deprived truck drivers and manual workers of proper wages by misclassifying them as exempt from overtime pay. The defendants have also failed to provide workers with meal or rest breaks, notification of their rights under state or federal labor laws, and accurate wage notices and statements, the filing contends.

The plaintiff says that since he began working for CunEx as a driver and manual worker in June 2022, he and similarly situated employees have been routinely required to work well over 40 hours per week yet have never received overtime wages in accordance with the Fair Labor Standards Act and the New York Labor Law (NYLL). According to the complaint, the plaintiff and other CunEx drivers or manual workers should have received time-and-a-half wages for every hour worked over 40 per week given that they are “non-managerial” employees whose job duties require neither “discretion nor independent judgment.”

Instead, CunEx has wrongly classified the drivers and manual workers as salaried employees who are paid a fixed day rate of $180 regardless of number of hours worked, the lawsuit contends.

Although the NYLL states that non-exempt employees must receive one additional hour of pay if their total workday is more than 10 hours long, the plaintiff frequently worked shifts as long as 13 hours without extra wages pursuant to the state’s “spread of hours of pay” rule, the case claims. 

Per the suit, the defendants also failed to provide the plaintiff with wage statements in his primary language that specify his pay rate and regular payday, among other information required by the NYLL.

“Defendant’s [sic] failure to provide accurate wage notices and accurate wage statements denied Plaintiff his statutory right to receive true and accurate information about the nature of his employment and related compensation policies,” the filing states.

Finally, the defendants failed to pay manual workers on a weekly basis as required under the NYLL, the complaint claims.

The lawsuit seeks to cover all non-exempt persons employed by CunEx, Inc. within the past three years.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.