Maines Paper & Food Service, Inc. is on the receiving end of a proposed class action alleging the defendant violated various provisions of the New York Labor Law (NYLL). The plaintiff in the suit says he worked for the foodservice distributor as a driver’s helper between November 2015 and March 2018 without being paid proper minimum, overtime, or spread-of-hours wages. According to the suit, the plaintiff’s fixed daily rate, when divided by the number of hours he worked, fell below the state’s minimum hourly wage rate. The man further claims he was not afforded time-and-a-half wages for the hours he worked above 40 each week or an extra hour’s pay at the minimum rate when he worked more than 10 hours in a day.
Moreover, the case alleges, the defendant often required drivers to embark on two-days trips that included reporting to its Conklin, New York warehouse; driving into New York City; sleeping at a hotel; making deliveries; and then returning to the Conklin warehouse. The lawsuit argues that during these trips, the defendant would only pay workers for the time they spent “actively driving or making deliveries” despite requiring them “to be available for work at a place it prescribed.”