On November 5, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Lasership, Inc. and Mahmoud, Inc. (“Lasership” or “Defendants”). The lawsuit is filed on behalf of all delivery persons or “walkers” (collectively, “walkers”) who work or have worked at Lasership in New York. The lawsuit claims that Defendants failed to pay their walkers overtime pay and earned commissions as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The lawsuit also seeks to recover damages associated with unlawful deductions and other statutory penalties under the NYLL.
Affected employees include any delivery persons or “walkers” who work or have worked at Lasership in New York within the last six years.
The lawsuit alleges that Defendants failed to compensate walkers overtime pay for all hours worked over forty per work week. This is important because an employer cannot take advantage of hard working employees who work more than forty hours in a work week by failing to compensate them with time -and-one-half pay as required by the FLSA and the NYLL. Specifically, the lawsuit alleges that Defendants shaved time from the total number of hours that walkers worked, and Defendants additionally required walkers to perform off-the-clock work without compensation. The lawsuit further claims that Defendants failed to pay walkers their earned commissions as agreed upon under the terms of their employment. Next, the lawsuit claims Defendants made unlawful deductions from walkers’ wages, including, but not limited to, deductions for weekly and monthly metro cards. Finally, the lawsuit seeks damages for failing to provide accurate wage notices and wage statements, as required by the NYLL.
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Current and former walkers at Lasership should contact us to see if you are eligible to join the case. Please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.
You can also view the complaint here.
Anyone who has worked at any restaurant as a server or bartender or other tipped position may have a wage claim under the FLSA and/or the NYLL. Please contact Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com to discuss your rights.