A proposed Fair Labor Standards Act collective action complaint has been filed against Defendants Same Day Delivery Inc., Scott Weinstein, and Bene Ewerton in United States District Court, Southern District of New York.

According to the complaint, filed on January 20, 2022, the Same Day Delivery Defendants failed to pay their delivery drivers legally required wages under the Fair Labor Standards Act (“FLSA”) and New York State Labor Law (“NYLL”), including overtime. 

The Defendants, according to the complaint, maintained an illegal policy and practice of appropriating the tipped wages of the company’s delivery drivers.

The lawsuit seeks recovery against the Defendants for alleged violations of the FLSA, 29 U.S.C. §§ 201 et seq., and violations of Articles 6 and 19 of the NYLL and supporting New York State Department of Labor regulations.

Additionally, the lawsuit seeks injunctive and declaratory relief and to recover unpaid minimum wages, overtime wages, unpaid spread-of-hours, unlawfully deducted wages, liquidated and statutory damages, pre- and post-judgment interest, and attorneys’ fees and costs pursuant to the FLSA, NYLL, and the NYLL’s Wage Theft Prevention Act. 

Delivery Drivers And Supervisors Of Same Day Delivery Who Believe They Have Been Harmed By Wage And Hour Violations

If you believe you have been the victim of wage and hour violations while employed by Same Day Delivery, please complete the form above on the right or e-mail [email protected] to request a no-obligation evaluation of potential legal claims.  

Kehoe Law Firm, P.C.