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 \u201cMarina Ice Cream\u201d 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, \u201cMarina Ice Cream\u201d).<\/p>\n
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The lawsuit alleges that the owners and operators of Marina Ice Cream have instituted widespread practices and policies that violate their drivers\u2019 wage rights under the Fair Labor Standards Act (\u201cFLSA\u201d) and the New York Labor Law (\u201cNYLL\u201d). Specifically, 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. In addition, the suit alleges that Marina Ice Cream, which pays its delivery drivers on a commission basis, reduced its delivery drivers\u2019 commission percentage without approval.<\/p>\n
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The lawsuit also alleges that Marina Ice Cream applied various unlawful deductions to its delivery drivers\u2019 pay, including, but not limited to, truck and parking fees. Moreover, the suit alleges that Marina Ice Cream required its drivers to pay various expenses out of their own pockets without any reimbursement, such as fuel costs, parking meter costs, and parking ticket costs.<\/p>\n
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