Lawsuit Against Mattress Firm Seeks to Put ‘Unlawful’ Pay Practices to Rest
by Erin Shaak
Last Updated on May 8, 2018
Arceo v. Mattress Firm, Inc. et al.
Filed: October 18, 2017 ◆§ 1:17-cv-23821-RNS
Mattress Firm, Inc. is facing a lawsuit along with co-defendants Las 4 A Delivery Corporation and its individual owner over claims that they misclassified their employees as independent contractors and failed to pay them proper wages.
Florida
Mattress Firm, Inc. is facing a lawsuit along with co-defendants Las 4 A Delivery Corporation and its individual owner over claims that they misclassified their employees as independent contractors and failed to pay them proper wages. The plaintiff says he worked as a mattress delivery driver for Las 4 A Delivery, which he says was subcontracted by Mattress Firm to deliver its products. He allegedly worked 16-hour shifts seven days per week for an average weekly total of 112 hours – but never received overtime pay due to his supposed misclassification. According to the complaint, Mattress Firm exercised a high level of control over the plaintiff’s job duties and retained the power to discipline him if he did not comply with its requirements, which the suit says suggests that he should have been considered an employee covered under Fair Labor Standards Act protections. The plaintiff estimates that he is owed $40,434.00 in unpaid overtime wages and liquidated damages.
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