Fmr. Delivery Driver Sues Modco Over Alleged Wage Violations

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Modco, Inc. is facing a proposed collective action in which a former delivery driver claims he was misclassified as an independent contractor rather than as an employee. As a result of the supposed misclassification, the plaintiff was denied proper overtime wages, the suit argues.

The plaintiff says the defendant, which operates as Zip Express, Inc., paid him fixed rates for his delivery routes and for the time he spent sorting items at the company’s warehouse overnight. According to the lawsuit, the man put in between 60 and 85 hours per week throughout his nearly six-year employment without receiving time-and-a-half overtime wages for the hours he worked over 40 each week.

The complaint argues that the plaintiff should have been classified as an employee because of the degree of control the defendant exercised over his job duties, schedule, uniform, pricing, and delivery routes. The plaintiff did not operate his own individual business, the case alleges, and therefore should have been afforded employee protections, such as overtime wages, paid time off, and participation in the company’s 401(k) plan.