Our experienced unpaid Overtime Lawyers together with the attorneys at Getman, Sweeney & Dunn, PLLC have filed a collective and class action lawsuit against A-1 Quality Logistical Solutions, LLC, William Foster, III, East Logistics, LLC, Eastern Labor, LLC, Empire Labor Services, LLC (“A-1 QLS”) for misclassifying warehouse workers as independent contractors instead of employees. The lawsuit seeks unpaid overtime as a result of A-1 QLS’s misclassification of such workers.
If you worked for A-1 QLS at any time within the last three years, worked in a warehouse, were classified as an independent contractor, worked more than 40 hours in a week, weren’t paid overtime wages at 1.5 times your regular rate of pay and/or suffered deductions from your pay, you may be eligible to join this case to recover back wages and liquidated damages. Positions that are eligible to join this case include: lumpers and order selectors.
About This Case
This case is a nationwide case brought by two former workers of A-1 QLS. The lawsuit alleges that A-1 QLS violated the federal Fair Labor Standards Act (“FLSA”) by misclassifying warehouse workers as independent contractors instead of employees, and failing to pay Named Plaintiffs, and other lumpers and order selectors, overtime wages.
Additionally, this case is brought as a class action under the New York Labor Law alleging overtime pay, wage notice, and wage statement violations on behalf of lumpers who worked in New York State. We filed this case in the United States District Court for the Southern District of Ohio. Click here to read the complaint that has been filed with Court.
Answers to Common Questions
Which employees can be part of this lawsuit?
All current or former warehouse workers who were employed by A-1 QLS, at any time from February 2020 to the present, were classified as independent contractors, worked more than 40 hours in a week, did not receive compensation at the rate of time and one-half for all hours worked over 40 in a workweek or suffered deductions from their pay, can ask to join this case by filling out and signing a Consent to Sue Form and returning it to Getman, Sweeney & Dunn, PLLC or Coffman Legal, LLC. Positions within the class include lumpers and order selectors.
What claims are covered in this case?
The lawsuit covers claims for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”). Additionally, it is claimed that A1 violated New York Labor Law because it 1) failed to pay its lumpers overtime wages for hours worked over 40 in a workweek; 2) the pay statements A-1 QLS provided to lumpers didn’t include the accurate number of hours worked or pay earned; and 3) failed to provide their lumpers a notice at the time of hiring that included the regular rate of pay and the overtime rate of pay.
What damages are sought?
Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case. Damages sought under the New York Labor law include back overtime wages, an equal amount of liquidated damages, prejudgment interest at the rate of 9%, up to $5,000 in damages for the pay statement violations, up to $5,000 for failure to provide written notice of the wage rates at the time of hire, and attorneys’ fees and costs.
How far back can claims be made?
Generally, under the FLSA, you are entitled to make claims for the A-1 QLS extending back three years from the date your Consent to Sue Form is filed with the Court. A-1 QLS will be entitled to argue that its violations were not willful and that its claims should be limited to only a two-year period preceding the filing of your Consent to Sue. Claims under the New York Labor Law go back 6 years from the filing of the Complaint.
How do I join the case?
To bring claims under the FLSA for back overtime wages and an equal amount of liquidated damages in this action, you must affirmatively join the case. To request to join this federal case, you must fill out and sign a Consent to Sue form or print it out and return it to Getman, Sweeney & Dunn, PLLC or Coffman Legal, LLC by fax, email or mail. Please contact us directly if you would like us to send you a Consent to Sue form.
Can I wait to file my Consent to Sue form?
You are not part of the FLSA case until your Consent to Sue Form is filed. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the statute of limitations.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. Under the FLSA and New York Labor Law, if Plaintiffs recover back wages, A-1 QLS must pay the Plaintiffs’ costs and attorneys’ fees.
Can A-1 QLS fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, A-1 QLS would be liable for additional monetary damages. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurred. Retaliation is extremely rare in overtime cases because an employer can suffer such serious penalties.
Where can I get additional information about the misclassification case against A-1 QLS?
Additional information about the unpaid overtime collective and class action against Northwood and Garden may be found by contacting our office by phone at 1-888-619-2729 or emailing email@example.com. If you have any questions about whether you are being properly paid overtime for all compensable hours you work, then contact our office today to speak with our experienced overtime attorneys regarding any wage and hour issues, including employee misclassification or unpaid overtime.