This class action lawsuit arises from ongoing wrongful conduct by Defendants Global Expedited, LLC, Ameri Freight Way, Inc., and DD Logistics, Inc. (collectively “Defendants”), by Defendants’ unlawful (1) misclassification of Plaintiff and proposed class members truck drivers as independent contractors, instead of employees; (2) failure to pay Plaintiff and proposed class members, who were paid on a piece rate basis, by miles driven, for all non-productive time, such as pre and post-trip inspections, detention time, layover time, and the time to prepare necessary paperwork, etc.; (3) failure to reimburse Plaintiff and proposed class members for work-related expenses, including but not limited to, the use of, their personal cell phones to do their jobs, bridge tolls, etc.; (4) failure to provide accurate itemized wage statements to Plaintiff and proposed class members containing information; (5) failure to maintain accurate records of Plaintiff’s and proposed class members’ payroll records showing hours worked daily and wages earned; (6) failure to pay Plaintiff and proposed class members all wages when due; (7) taking deductions from compensation earned by Plaintiff and proposed class members; (8) failure to pay members of the proposed class all wages due at the time of termination; (9) failing to provide paid sick leave and provide a record of available sick leave; and (10) obtaining the wages owed to members of the proposed class through actions constituting theft.
Defendant was properly served with the Compaint but has failed to answer. Plaintiff obtained entry of default and is awaiting court approval of a Default Judgment for his individual damages.