Food Delivery Company Faces Wage and Hour Lawsuit
The popular food delivery app company, Waitr, currently faces a lawsuit initiated by drivers who claim that they are not being paid all of their wages, including failure to pay overtime wages, as required by federal law. This federal law – known as the Fair Labor Standards Act – provides minimum protections for all employees in all 50 states. Regardless of your state’s laws, all employers must adhere to the minimum requirements of the Fair Labor Standards Act; however, the law permits each state to enact laws that give employees additional protections (i.e. set a higher minimum wage).
The Popularity of Waitr
Waitr is a Louisiana-based company that began in Lake Charles and has headquarters in Lafayette. The company was recently purchased for $300 million and operates in 500 cities across the United States.
Who Initiated the Lawsuit
This is the second lawsuit that has been filed against the company claiming that Waitr has violated federal labor laws by failing to pay workers at least minimum wage and overtime for hours worked over forty. The lawsuit was initiated in March 2019 by a driver in United States District Court in New Orleans for unpaid wages, overtime pay, penalties, and numerous other types of damages. The worker claimed that she worked 28.78 hours and drover her automobile 279 miles a week delivering food to Waitr customers. After paying the various costs associated with this type of vehicle operation, the worker claims that she received a net income that was less than the minimum wage, or approximately $1.97 an hour. Several current and former Waitr drivers have since joined this lawsuit.
Response from Both Sides
A lawyer on behalf of the Waitr drivers has stated that because the workers were paid less than minimum wage, they deserve compensation. The Communications Director for Waitr has stated that the company’s drivers play a vital role in the company’s success and that Waitr is focused on providing a positive experience that includes fair treatment. The spokesperson also stated that Waitr drivers retain 100% of their tips and the company’s compensation practices comply with all applicable laws and regulations.
Other Pending Waitr Lawsuits
In addition to this legal action, a number of other class action lawsuits against Waitr have also been filed. This collective action also claims that workers received less than the minimum wage. It remains uncertain how each of these pending matters will influence one another.
What to do if your employer is not paying you overtime.
If your employer is not paying you the required minimum wage or overtime, you should contact an experienced overtime attorney. You can contact Herrmann Law to schedule an initial consultation by calling 817-479-9229 or completing our online form and someone from our office will contact you within 24 hours.