What You Need to Know
- Former delivery drivers for Point Pickup Technologies sought a putative class action against the defendant alleging wage and overtime violations, among other complaints.
- The defendant moved to compel, pointing to three purportedly binding agreements that each driver must sign once they start delivering with the app.
- The judge sided with Point Pickup, finding the plaintiffs are not workers engaged in interstate commerce and they are not exempt from arbitrating under the Federal Arbitration Act.
A federal judge sided with the operators of a mobile grocery and merchandise-delivery app, finding that former delivery drivers pursuing a class action suit over unpaid and overtime wages are not exempt from arbitration under the Federal Arbitration Act.
The plaintiffs, Dominic Medeiros and Sheila Marcil, who reside in Massachusetts, brought a putative class action against Greenwich-based Point Pickup Technologies Inc., which owns and operates the app through which drivers can accept delivery orders. Medeiros and Marcil alleged that Point Pickup violated wages and unpaid overtime pursuant to the Fair Labor Standards Act and Massachusetts wage-and-hour laws, as well as claims of unjust enrichment and unfair trade practices. The complaint was filed in U.S. District Court for the District of Connecticut in August 2021.
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