Ansoumana v. Gristede's Operating Corp.

201 F.R.D. 81 (2001)

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Ansoumana v. Gristede’s Operating Corp.

United States District Court for the Southern District of New York
201 F.R.D. 81 (2001)

Facts

Faty Ansoumana and others (delivery workers) (plaintiffs) worked as delivery drivers for supermarket and drugstore chains (chains) (defendants) in New York City. The delivery workers worked between 60 and 84 hours per week and were paid only $1 to $2 per hour without overtime. The chains considered the delivery workers to be independent contractors, not employees. The delivery workers sued the chains for unpaid wages under the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act (NYMWA). Approximately 350 delivery workers filed consents in order to become parties to a collective action pursuant to § 216(b) of the FLSA. The delivery workers also filed a motion for class certification pursuant to Federal Rule of Civil Procedure 23 in order to pursue their NYMWA claims as a group.

Rule of Law

Issue

Holding and Reasoning (Hellerstein, J.)

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