Florida Food Delivery Drivers File Class Action Unpaid Overtime Lawsuit

Florida Food Delivery Drivers File Class Action Unpaid Overtime Lawsuit Against The Delivery Dudes

ORLANDO — A group of food delivery drivers for Florida-based The Delivery Dudes recently filed a class action unpaid overtime lawsuit in federal court against the defendant claiming the company failed to pay drivers both minimum wage and overtime pay, despite many of these workers frequently working more than 40 hours per week. The lawsuit is just the latest wage and labor claim filed against the tech start-up and other companies hiring workers as “independent contractors” in the new gig economy in which millions of Americans find themselves.

According to the unpaid overtime lawsuit, filed in U.S. District Court for the Southern District of Florida, the defendants paid their food delivery drivers a paltry sum of just $1.00 per trip, which often averaged out to a meager $0.75 per hour over the course of a single shift. Furthermore, these drivers frequently workers anywhere from 50 to 60 hours per week as part of their employment but were never compensated for any overtime pay after an individual’s 40th hour on the job.

The plaintiffs argue that as tip earners, the delivery drivers should have received the Florida minimum wage of $5.03 for each hour on the job. Additionally, the plaintiffs’ lawsuit claims the defendant required workers to attend unpaid training seminars and team meetings and were never reimbursed for mileage or other business expenses.

Defendants Hired Drivers as “Independent Contractors”

 In their lawsuit, the plaintiffs attached a copy of their work agreement with the defendants showing the drivers were hired as “independent contractors” and therefore were not subject to wage laws under the Fair Labor Standards Act. These types of agreements are an all too common business practice for technology companies in the gig economy trying to keep business costs down at the expense of worker pay.

The unpaid overtime lawsuit claims the workers were not independent contractors because the defendants exercised far too much control over the day-to-day operations of these employees and therefore should enjoy the same protections as other workers. The IRS has a 20-factor test used to help businesses and workers determine where there is an actual employer-employee relationship.

Delivery Driver Unpaid Overtime Lawsuit

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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