On December 15, 2021, Plaintiff Charles Heath filed a putative class and collective action Complaint against One of Kind Transport Inc and Leonid Pogoriler in the United States District Court for the Eastern District of New York, which is assigned case number 1:21-cv-06920. On January 4, 2022, Plaintiff filed the First Amended Complaint, adding a claim of unlawful retaliation to the lawsuit.
Scope of class and collective action members:
The lawsuit is brought on behalf of all individuals whom Defendants employ or have employed as drivers since December 15, 2015.
Claims in the lawsuit:
The lawsuit alleges the following causes of action on behalf of the class and collective action members:
- Unpaid overtime under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“Labor Law”). The Complaint alleges Defendants failed to pay drivers overtime premium pay for any hour worked above forty in a week.
- Unpaid minimum wages under the Labor Law. The Complaint alleges the drivers’ effective hourly rate was below the statutory minimum wage.
- Unlawful deductions from wages and failure to reimburse work related expenses under the Labor Law. The Complaint alleges Defendants deducted the cost of work-related expenses from drivers’ wages, lowering their effective hourly rate even further below the statutory minimum wage.
- Failure to provide the Notice and Acknowledgment of Pay Rate and Payday under the Labor Law. The Complaint alleges Defendants failed to provide drivers this Notice when they were hired or at any point in their employment.
- Failure to provide a proper wage statement with every wage payment under the Labor Law. The Complaint alleges Defendants failed to provide drivers with paystubs that complied with N.Y. Lab. Law § 195.3.
The lawsuit further alleges a claim of retaliation on behalf of Plaintiff Heath individually. This claim alleges that Defendants terminated Plaintiff Heath’s employment because of his Complaint, in violation of the FLSA and the Labor Law.
- On December 15, 2021, the Complaint was filed.
- On January 4, 2022, the First Amended Complaint was filed.
*This update is current as of February 4, 2022.