A proposed class action filed in Florida alleges Delivery Dudes, LLC, Boynton Beach Delivery Dudes, LLC and Dude Holdings, LLC committed violations of the Fair Labor Standards Act’s (FLSA) wage and hour rules.
According to the complaint, the defendants operate more than 40 locations across five states and employ more than 2,000 drivers tasked with delivering food to customers from restaurants that don’t provide their own delivery services. The plaintiff claims the defendants, to avoid paying mandatory minimum and overtime wages, require drivers to sign onto independent contractor agreements, ostensibly exempting the workers from FLSA protections.
But the case claims proposed class members’ association with the defendants resembles more of an employer-employee relationship, since the drivers reportedly work regular schedules, wear uniforms, and are dispatched from central locations. Summarizing the drivers’ alleged situation, the lawsuit reads (emphasis ours):
“[The defendants] pay the delivery drivers, including [the plaintiff] on a pathetic one dollar ($1.00) per delivery ‘flat fee’ for each completed delivery, plus tips. The typical shift for delivery drivers for [the defendants’] business is 4PM to 11PM, though commonly more hours were necessary – if, for example, a delivery came in right at the end of a shift. During such a typical shift, it is common for a delivery driver to make six-seven deliveries, such that the deliverydrivers make a total of less than $4.00 (not including tips) for the entire shift. In other words, [the defendants] are paying their delivery drivers less than .75 cents per hour (not including tips).”