A former Liebrock & Liebrock Logistics employee claims in a proposed collective action that the delivery services company has failed to pay drivers for every hour worked.
According to the case out of Georgia, the defendant has subtracted time for breaks from drivers’ hours despite being fully aware of the fact that the individuals did not take breaks. Per the suit, the amount of time spent working through breaks caused drivers’ weekly hours to exceed 40, resulting in unpaid overtime wages.
“Plaintiff and those similarly situated were paid their hourly rate for forty (40) hours works [sic], regardless of how many more hours they had actually worked,” the complaint alleges.
The plaintiff says she worked as a driver for Liebrock & Liebrock, a third-party provider of delivery services to clients such as Amazon, between June 25 and July 18, 2020. Per the lawsuit, the plaintiff was told that drivers do not take breaks, and forced to initial documents indicating that she had taken a break regardless of whether she actually had.
When the plaintiff asked why she was not allowed to take breaks, the woman was allegedly told “that if she wanted to get paid, she would just do it.” According to the case, the plaintiff was also informed that if she needed to use the restroom, she should “use a bottle in the truck.”
The lawsuit says the plaintiff, while on her route, was approached in July 2020 by a manager and, after informing the manager that she was going to take a break, was told “no, she had packages to deliver, and to keep it moving.” The next day, the case continues, the plaintiff called another manager, the owner’s nephew, and was allegedly informed that she did not “have the luxury” of taking breaks and should dismiss the preset break reminder on her company phone.
According to the lawsuit, the defendant was fully aware that drivers were working overtime without being paid yet nonetheless failed to properly compensate them. Moreover, the suit alleges the company falsified the plaintiff’s and other workers’ time records to indicate they had taken a break when they were actually working.
The plaintiff looks to represent current or former drivers who worked at any of the defendant’s Georgia offices within the past three years.
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