On January 28, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Marina Ice Cream Corp. and Selinger Ice Cream Corp., who together do business as “Marina Ice Cream” in New York City. The lawsuit is filed on behalf of all delivery drivers who work or have worked for Marina Ice Cream Corp. located at 133-14 Jamaica Avenue, Richmond Hill, New York 11418; 424 East John Street, Lindenhurst, New York 11757; 1195 McDonald Avenue, Brooklyn, New York 11230 and Selinger Ice Cream at 3070 Waterbury Avenue, Bronx, New York 10461 (collectively, “Marina Ice Cream”).
The lawsuit alleges that Marina Ice Cream and its owners and operators instituted many practices and policies that violate its delivery drivers’ rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). In this regard, the lawsuit alleges that Marina Ice Cream failed to pay its delivery drivers time and one-half their regular rate of pay for all hours worked in excess of 40 per workweek, as required by the FLSA and NYLL. Moreover, the suit alleges that Marina Ice Cream, which pays its delivery drivers on a commission basis, unilaterally reduced the commissions owed to its delivery drivers without authorization from its employees. In addition, the suit alleges that Marina Ice Cream applied automatic unlawful deductions from its delivery drivers’ pay. These unlawful deductions included, but were not limited to, delivery truck usage fees and parking fees. Moreover, the suit alleges that Marina Ice Cream did not reimburse its delivery drivers for expenses they incur while working, such as fuel costs, parking meter costs, and parking ticket costs.
Current and former delivery drivers for Marina Ice Cream or Selinger Ice Cream should contact us to see if you are eligible to join the case. Please contact 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 by clicking here.