Ansoumana v. Gristede’s Operating Corp.
United States District Court for the Southern District of New York
255 F. Supp. 2d 184 (2003)
Faty Ansoumana (plaintiff) represented a class of individuals who worked as delivery workers for stores and pharmacies owned and operated by Duane Reade, Incorporated (defendant). The workers were hired by either Hudson Delivery Service, Incorporated; Chelsea Trucking, Incorporated; Scott Weinstein; or Steven Pilavin (Hudson/Chelsea) (defendants) to perform unskilled work for Duane Reade stores. Weinstein and Pilavin owned and operated Hudson Delivery Service and Chelsea Trucking, and they personally oversaw the operation of the two companies. Hudson/Chelsea paid the workers $20 to $30 per day for eight to 11 hours of work, six days per week. The workers reported directly to the store that they were assigned to and received their directions from Duane Reade employees at their stores. The workers mainly delivered pharmaceuticals, but they also provided general in-store services like stocking, bagging, and assisting customers at the direction of the store supervisors. Neither Hudson/Chelsea nor Duane Reade paid the workers in accordance with minimum-wage and overtime laws. An action was filed against Hudson/Chelsea and Duane Reade for violations of the Fair Labor Standards Act (FLSA) and New York minimum-wage laws.
Rule of Law
Holding and Reasoning (Hellerstein, J.)
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