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Federal Judge Finds Suit on Behalf of Delivery Drivers Against Act Fast Delivery and Omnicare, Inc. Should Proceed

August 11, 2017

Suit alleges that the defendants violated the Federal Labor Standards Act by improperly classifying the drivers as “independent contractors” and failing to pay the drivers amounts they should have been paid

U.S. District Judge Irene Berger conditionally certified a class action lawsuit accusing Act Fast Delivery and Omnicare, Inc. among other related entities of violating federal wage laws (Fair Labor Standards Act (“FLSA”)). Current and former drivers will now receive notice of the case and the opportunity to join in the suit and will have sixty (60) days to do so.

The class action against Act Fast Delivery, Inc., Omnicare, Inc. and other related entities is being pursued on behalf of Eric Young and other similarly situated drivers by Thomas R. Goodwin, Carrie Goodwin Fenwick and other attorneys at Goodwin & Goodwin, LLP. More than 55 other drivers so far have filed notices that they wish to “opt in” to the suit. There are potentially hundreds of other drivers who are similarly situated.

The lawsuit claims that the drivers delivered medical and pharmaceutical products for the Defendants. When the drivers began their employment with the Defendants, they were required to sign an “Independent Contractor Agreement.” Because of that Agreement, the lawsuit alleges, the drivers were improperly classified as “Independent Contractors,” and were paid based on the number of deliveries made or routes driven in the course of a week rather than by the hour. The drivers allege that under federal law they were actually employees of the Defendants and that the “independent contractor” designation was improper. The drivers assert that they were not paid the minimum wage and were required to work more than forty hours in the course of a week without receiving any overtime pay. Additionally, drivers allege that deductions were improperly taken from their pay and they were not properly reimbursed for expenses.

The Defendants opposed the conditional certification, arguing that the drivers had failed to establish that the putative class members were similarly situated, and that there was no common scheme or policy that violates the FLSA.

Judge Berger rejected the Defendants’ arguments and ordered that other drivers who have not yet joined the suit receive notice of the class action and be given the option to join the case as a plaintiff.

For more information, contact Carrie Goodwin Fenwick at the law offices of Goodwin & Goodwin, LLP – 304-346-7000 or cgf@goodwingoodwin.com. A copy of the judge’s order can be found here.