Where plaintiff delivery drivers have alleged that the defendant failed to pay overtime wages in violation of the Fair Labor Standards Act and have requested a declaratory judgment that the defendant is their employer under the FLSA, the defendant’s motion to dismiss should be allowed because of the plaintiffs’ failure to sufficiently allege an employment relationship with the defendant.
“After dismissal of two FLSA collective actions, 183 Plaintiffs (collectively, ‘Plaintiffs’) filed two separate actions against Defendant Federal Express Corporation, successor by merger to Defendant FedEx Ground Package System, Inc. (collectively, ‘FedEx’), alleging that FedEx failed to pay overtime wages owed to Plaintiffs in violation of the Fair Labor Standard Act (‘FLSA’), 29 U.S.C. §201, et seq. (Count I), and seeking declaratory judgment that FedEx is Plaintiffs’ employer under FLSA (Count II). …
“… FedEx hires thousands of package delivery drivers by contracting with ‘independent service providers’ (‘ISPs’). …
“Plaintiffs were ISPs delivery drivers for FedEx in Massachusetts for some period between 2000 and 2024. …
“In Count I, Plaintiffs allege that FedEx violated the FLSA by failing to provide overtime pay for hours worked beyond forty hours per week. … FedEx moves to dismiss on the ground that Plaintiffs fail to plausibly allege that FedEx violated FLSA. …
“In assessing ‘whether an employment relationship exists’ under FLSA, courts apply an ‘economic reality’ test. … That test...
PORTLAND, Maine (WGME) -- A week after employees at the Holy Donut on Park Avenue in Portland told the company they were looking to unionize, the company now says those workers made false accusati...