in Newswire Published on August 9, 2017

The Dude Delivers: Delivery Dudes, Two Others Pegged with FLSA Lawsuit

Last Updated on May 8, 2018

Kaplan v. Delivery Dudes, LLC et al.

Filed: August 4, 2017 ◆§ 9:17-cv-80918-RLR

Delivery Dudes and two subsidiary companies are staring down claims they illegally classified delivery drivers as independent contractors, not as employees.

Defendant(s)

Delivery Dudes, LLC Boynton Beach Delivery Dudes, LLC Dude Holdings, LLC

Law(s)

Fair Labor Standards Act

State(s)

Florida

Categories

Food Wage and Hour

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 delivery drivers 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).”

Case Spotlight

Video Game Addiction Lawsuits

If your child suffers from video game addiction — including Fortnite addiction or Roblox addiction — you may be able to take legal action. Gamers 18 to 22 may also qualify.

Learn more:Video Game Addiction Lawsuit

Depo-Provera Lawsuits

Anyone who received Depo-Provera or Depo-Provera SubQ injections and has been diagnosed with meningioma, a type of brain tumor, may be able to take legal action.

How Do I Join a Class Action Lawsuit?

Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?

Read more here: How Do I Join a Class Action Lawsuit?