Case Update: November 15, 2015
Kennedy Hodges L.L.P. continues to file cases against employers that illegally classify their workers as independent contractors. One of our current cases is against Act Fast Delivery of Colorado. Like many delivery companies, Act Fast classifies its delivery drivers as independent contractors and doesn't pay them any overtime despite the fact they routinely work 50 or 60 hours a week.
The judge in our case against Act Fast ordered notice be sent to over 500 current and former drivers to allow them to opt-in to the case. The opt-in period in our case against Act Fast Delivery of Colorado, Inc. and Powerforce of Colorado, Inc. has closed. Eighty current and former drivers have filed consent forms joining the case. We are currently in the process of structuring discovery for the remainder of the case and the Defendants are producing pay and time records for the entire class so we can calculate how much we believe everyone is owed in unpaid overtime.
Case Update: November 26, 2012
This lawsuit alleges Act Fast Delivery misclassified drivers as independent contractors.
Check back often for updates. We answer these common questions below:
- What is the Act Fast Delivery case about?
- What are we claiming to recover?
- How do I join this case?
- Do I have to pay anything?
- Who is eligible to join the Act Fast Delivery lawsuit?
- What time frame is covered?
- How do I prove how much I am owed?
- Will I be fired for joining this lawsuit?
- Which locations are included?
- How do I get more information about the Act Fast Delivery case?
|View Federal Case>|
1. What is the Act Fast Delivery lawsuit about?
On November 13, 2012, Act Fast Delivery drivers filled a collective-action lawsuit for unpaid overtime and minimum wages. The driver's tasks include picking-up and delivering medicine, medical equipment, and bank supplies to customers. They are employees who work on a piece rate pay basis.This means that there is a set rate of pay per unit the employees deliver, rather than an hourly rate of pay or a set salary. The Drivers claim Act fast Delivery misclassified them as independent contractors and as such denied them pay for overtime hours worked.
When drivers worked more than 40 hours per workweek, Act Fast Delivery did not compensate them at the appropriate overtime rate and made deductions such that the drivers’ regular rate of pay fell below the federally mandated minimum wage. Act Fast Delivery improperly classifies these drivers as independent contractors and does so to avoid properly paying the proper wages to which their employees are entitled.
The lawsuit claims Act Fast Delivery owes its employees back pay for all hours worked over 40 in a workweek, liquidated damages, attorneys’ fees and court costs to all drivers for the last three years (from November 13, 2009 forward).
The lawsuit was filed as a "collective action," which means that only employees who sign a consent form and join the lawsuit will be part of the lawsuit. You may email your questions or comments to: [email protected]
2. What are we claiming to recover?
The employees seek to recover compensation for their unpaid overtime, liquidated damages, and attorney's fees as required by the FLSA for the past three years before this lawsuit was filed.
3. How do I join this case?
To make a claim in this action under federal law, you must complete a consent form and return it to us for filing with the Court.
4. Do I have to pay anything?
We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief through either a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.
5. Who is eligible to join the Act Fast Delivery lawsuit?
This lawsuit seeks collective-action certification under the Fair Labor Standards Act. If granted, this means all other similarly situated Act Fast Delivery employees may be able to recover unpaid overtime and minimum wage compensation.
6. What time frame is covered?
There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within three (3) years of joining the lawsuit by completing a consent form and returning it to us.
7. How do I prove how much I am owed?
When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed. If you do have records, however, you should not throw them away.
8. Will I be fired for joining this lawsuit?
It is illegal for an employer to retaliate against you for joining this lawsuit. Retaliation can include terminating you, changing your hours, reducing your pay, changing your position, or taking any other action in retaliation for joining this lawsuit.
The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims. If you currently work for Act Fast Delivery and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.
9. Which locations are included?
The lawsuit alleges that the wage violations took place in throughout, Texas including Houston and San Antonio. This lawsuit covers Texas and all other state where Act Fast Delivery is located.”
10. How do I get more information about the Act Fast Delivery case?
If you would like more information that about this case, please contact the attorneys at our firm assigned to prosecute this case: