Organic Food Distributor Hit with Truck Driver Misclassification Lawsuit

United Natural Foods, an organic grocery distribution company and the primary distributor for Whole Foods, has been hit with a truck driver misclassification lawsuit by one of its drivers.

The truck driver misclassification lawsuit was filed by truck driver David V., alleging that the company misclassifies its truck drivers as being exempt from overtime pay, even though their actual duties indicate that they should be considered nonexempt. This kind of truck driver misclassification can mean that drivers are denied their proper wages according to state wage and hour laws.

David alleges that he regularly worked more than forty hours in a single week, yet he was not paid proper time-and-a-half overtime wages. According to his attorney, “state wage and hour laws are designed to ensure workers receive a boost in compensation for the added sacrifice overtime takes from their precious leisure and family time, while also disincentivizing employers from overworking and fatiguing employees to the point where work-related illness and accidents become prevalent.”

“UNFI knew that the improper payment of overtime pay would financially injure plaintiff and similarly situated employees and violate state wage and hour laws,” said the complaint.

Indeed, David filed this truck driver misclassification lawsuit on behalf of not only himself, but all those in a similar situation as part of a class action lawsuit. Proposed Class Members include those who were truck driver employees for UNFI in the two years leading up to the complaint who were not paid proper overtime wages.

The truck driver misclassification lawsuit seeks compensation for unpaid wages, interests, attorneys’ fees, and “costs to make them whole for damages suffered.”

Wage and Hour Regulations

There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country do not know the protections that the Fair Labor Standards Act (FLSA) offers, which can lead to employers taking advantage of them, in some cases requiring unpaid overtime work despite the illegality of doing so.

Some workers may find themselves unable to file wage and hour complaints like this unpaid overtime lawsuit because they are not aware of FLSA rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations. To protect workers who help to enforce FLSA rules, laws also exist to prevent employers from discrimination based on wage and hour complaints.

If you have worked for an employer like United Natural Foods that may have failed to follow the Fair Labor Standards Act or state labor laws, such as proper overtime requirements, you may be able to either join a wage and hour class action lawsuit or file an unpaid overtime lawsuit of your own. Filing a wage and hour lawsuit can help compensate for the wages you were improperly denied.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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