San Francisco, CA: An employment class action lawsuit has been filed by plaintiffs who allege violations of the Fair Labor Standards Act (FLSA) by Defendant Velocity Express, Inc. The lawsuit is brought collectively, by the company's delivery drivers, who claim they were misclassified as independent contractors, making them exempt from overtime and minimum wage payments.
Specifically, the Velocity unpaid overtime class action lawsuit states the company is in violation of FLSA, (failure to pay minimum wage); violation of FLSA, (failure to pay overtime wages); violation of California Labor Code (failure to pay minimum wage and overtime); violation of California Labor Code (willful misclassification of individuals as independent contractors); and violation of California's Unfair Competition Law, Cal. Bus. & Prof. Code.
A proposed class has been approved in this action, and seeks to represent All current and former delivery drivers of Velocity Express, LLC who signed the 2009 Independent Contractor Master Agreement"and who are or were employed to deliver goods to its clients at any time in the last three years, who worked over eight hours per workday or 40 hours per workweek, and were not paid a minimum wage or overtime for hours worked over 40 in a workweek or hours worked over 8 in a workday."
Plaintiffs are represented by Johnson Becker, PLLC and Sommers Schwartz, P.C.
