Photo: BigstockDelivery Driver's FLSA, ERISA Case Moves Forward Against Gerhard's
A federal judge has denied appliance retailer Gerhard's request for summary judgment in an employment suit brought by one of its drivers.
January 04, 2019 at 04:49 PM
3 minute read
A federal judge has denied appliance retailer Gerhard's request for summary judgment in an employment suit brought by one of its drivers.
U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania declined to toss the plaintiff's Fair Labor Standards Act, Employee Retirement Income Security Act, Pennsylvania Minimum Wage Act, Pennsylvania Wage Payment and Collection Law and common-law breach of contract claims.
Plaintiff Seyoung Ra claimed that Gerhard's made him, as a contractor, pay for gas when using delivery trucks, made him pay into a damages fund to be tapped for use if merchandise was damaged during delivery, and did not pay him for his time delivering scrap metal back to the Gerhard's warehouse—which would then profit by selling the scrap.
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