Employee Misclassification Class Action Against Lasership Ends Up in Virginia Federal Court

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A proposed class action lawsuit first filed in Massachusetts in August 2017 against delivery company Lasership, Inc. has found its way into federal court in Virginia.

The lawsuit was filed on behalf of a group of similarly situated delivery drivers who the plaintiff alleges were misclassified by Lasership and an individual defendant with control over the business as independent contractors exempt from wage and hour protections. The case argues the current and former drivers are/were, in fact, employees of Lasership, as throughout their employment they did not “maintain independent trades or businesses apart from their work” for the defendant. As a result of the misclassification, Lasership delivery drivers were not paid proper time-and-a-half overtime wages for hours worked past 40 each week, the plaintiff says. 

The plaintiff worked for Lasership from November 2012 through May 2017, the suit says. The man was reportedly paid based on the number of deliveries he made, making $2.50 per delivery Monday through Friday and $4 per delivery on weekends. Throughout his employment, the plaintiff says he was: 

According to the suit, the defendants prohibited delivery drivers from engaging in “independently established trade or business of the same nature” as the service performed by Lasership, further evidence of an employer-employee relationship.

The plaintiff claims he regularly worked upward of 55 hours per week—sometimes driving as many as 750 miles in some weeks—without proper pay.