Delivery Driver Files Lawsuit Over Unpaid Breaks, Overtime, FLSA Violations

A New York man alleges that JD Beverage Corp. violated wage and hour laws by failing to allow for meal breaks, pay overtime, or keep accurate records and provide itemized wage statements to workers.

Plaintiff Christian P. alleges in his wage and hour lawsuit that while working as a delivery driver, the company continually committed FLSA violations, including:

• Failure to pay overtime compensation
• Failure to pay minimum wage for all hours worked
• Failure to provide proper meal periods
• Failure to maintain employment records

The plaintiff says that he started working as a delivery driver for JD Beverage in 2007. JD Beverage is a wholesale distributor of Arizona Beverages USA. He says that he received no training and for 10 years he delivered AriZona products on Long Island.

According to the lawsuit, the plaintiff was paid a flat rate – $150 a day for delivering less than 350 cases of beverages and $200 a day for delivering more. He says that he worked between 12 and 16 hours a day, five days a week.

That changed in 2010, notes the lawsuit. From 2010 until 2013, the plaintiff says he worked 68 hours a week and was paid $875 each week. Then, between 2013 and 2017, the plaintiff says that he consistently worked no less than 56 hours a week for $700 a week.

The plaintiff alleges that during this time he was entitled to overtime pay for work in excess of 40 hours a week, but JD beverage committed FLSA violations by paying only the flat rate without accounting for the time and a half he was owed for working more than 40 hours each week.

JD Beverage committed further FLSA violations by failing to keep employment records. The plaintiff says that he was paid solely in cash and JD Beverage reported his income as only $250 per week. Additionally, alleges the plaintiff, the company refused to pay him for work he did after he notified them of his resignation in December 2017.

In addition to the FLSA violations, the plaintiff alleges that JD Beverage violated New York State employment laws. The plaintiff says that he is entitled to back pay on behalf of himself and other JD Beverage delivery drivers.

FLSA Violations

The federal Fair Labor Standards Act and various state laws entitle workers to certain rights, such as overtime pay, rest and meal breaks, and the right to a minimum wage. The law also requires employers to keep accurate employment records. However, employers try to skirt these employment laws sometimes.

Employers may misreport or underreport the hours worked by non-exempt employees by requiring them to clock-in or out early or skip breaks, but still record them. Employers may also instruct employees to continue working beyond 40 hours a week, but not pay them for their time.

The JD Beverage FLSA Violations Lawsuit is Christian P. v. J.D. Beverage Corp., et al., Case No. 2:18-cv-00118-DRH-GRB, in the U.S. District Court for the Eastern District of New York.

It can be difficult for an employee to stand up to an employer violating the FLSA or state employment laws. Bradley/Grombacher attorneys are investigating wage and hour claims. Contact them today if you are concerned about your rights. 

Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.