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Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

DeliveryNew Class and Collective Action filed in the Eastern District of New York

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

On February 14, 2019, Plaintiff Mr. Mclean, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Eastern District of New York against CORNUCOPIA LOGISTICS, LLC (“Defendant”), alleging upon knowledge as to himself and his own actions and upon information and belief as follows:

Mr. Mclean worked for Defendants - - a Long Island-based delivery company - - as a delivery driver from December 2017 until July 15, 2018. Throughout his employment, Plaintiff’s primary duties consisted of loading his truck each day, making deliveries to the locations that Defendant provided, which were primarily on Long Island, carrying boxes from the truck to the delivery location by hand, and communicating with drivers and Defendant’s dispatcher to ensure prompt delivery. The substantial majority of Plaintiff’s deliveries were performed in a Dodge Caravan, a vehicle weighing less than 10,000 pounds. Throughout his employment, Defendant required Plaintiff to work, and Plaintiff did typically work, five days per week, from 7:00 a.m. to 8:00 p.m. without a scheduled or uninterrupted break each day, for a total of sixty-five hours per week. At no point, from January 2018 until the end of his employment, (“the relevant period”) did Defendant provide Plaintiff with an overtime premium for his hours worked each week in excess of forty. Further, for some days of work, Defendant failed to pay Plaintiff at all.

Defendants willfully failed to pay Plaintiff the wages lawfully due to her under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, throughout the relevant period, Defendant required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours each week or virtually each week, yet Defendant paid him a flat daily rate for each day worked regardless of how many hours he worked per day or per week, and thus failed to compensate Plaintiff at the statutorily-required overtime rate for all hours that he worked per week in excess of forty, in violation of the FLSA’s and the NYLL’s overtime provisions.

Defendants paid and treated all their delivery drivers in this same manner. Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, https://www.employmentlawyernewyork.com, https://www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.

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