Doorstep Delivery Hit with Unpaid Wages Lawsuit
by Erin Shaak
Last Updated on May 8, 2018
Roberson v. Restaurant Delivery Developers, LLC
Filed: March 31, 2017 ◆§ 8:17-cv-00769-VMC-MAP
A lawsuit has been filed against Restaurant Delivery Developers, LLC for allegedly misclassifying its delivery drivers as independent contractors.
A proposed class action has been filed against Restaurant Delivery Developers, LLC, which does business as Doorstep Delivery, for allegedly misclassifying its delivery drivers as independent contractors and failing to pay them the required minimum and overtime wages. The plaintiff claims the defendant maintained control over most aspects of his job, including his shift schedule, his uniform, and which deliveries he could take. He argues that he and other delivery drivers cannot be classified as independent contractors because of these restrictions and should be protected as employees under the Fair Labor Standards Act’s (FLSA) minimum and overtime wage requirements.
According to the complaint, drivers were forced to pay for their own uniforms, rental equipment, cell phone usage, and gas, which were required to perform their jobs. Additionally, various other charges such as “administrative fees” and “marketing fees” were allegedly deducted from their weekly paychecks. The suit claims these expenses caused the drivers’ pay to fall below minimum wage. Furthermore, the plaintiff argues that he and other proposed class members were regularly scheduled to work more than 40 hours per week without being paid time-and-a-half overtime wages. If they refused to do a job, he asserts, “Doorstep punishes them by assigning them fewer jobs or terminating them.”
The complaint claims Doorstep Delivery showed “reckless disregard” for FLSA requirements and seeks injunctive and monetary relief for delivery drivers who worked for the defendant anywhere in the country and choose to opt in to the lawsuit.
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