Former delivery drivers for Cory 1st Choice Home Delivery and Bob’s Discount Furniture have filed a proposed class and collective action against the companies and an individual owner over allegedly unpaid wages and unlawful wage deductions stemming from out-of-pocket expenses.
The four plaintiffs allege they worked at least 75 hours each week as furniture deliverymen “while performing other miscellaneous tasks” for the defendants. The case claims the men were paid a daily salary ranging from $100 to $125, which failed to meet the required minimum wage rate for each hour worked and deprived the employees of time-and-a-half overtime pay.
Adding to the suit’s allegations, the defendants unlawfully required the plaintiffs to pay out-of-pocket for work expenses, including for uniforms, vehicle insurance, and for any damages to furniture. From the complaint:
“Defendants made unlawful deductions from the wages of the Plaintiffs and Proposed Class members without their written consent in violation of NYLL [New York Labor Law] §193 by requiring Plaintiffs and other such similarly situated employees to pay for their own vehicles, maintain them, purchase insurance, and pay for gas, insurance, bonds, uniforms, and parking costs out of pocket, among other things. This was an improper shift of business costs onto the Plaintiffs.”
Further, the defendants allegedly failed to keep proper payroll records, as well as post legally required notices of federal and state wage provisions in the workplace.