Ouedraogo v. Durso Associates

No. 03 CV 1851 (RLC) (S.D.N.Y. June 15, 2005) ; Clearinghouse Number: 55934

Description

Walking Deliverymen Sue Key Food Supermarket Chain for Unpaid Minimum Wage and Overtime

Abstract

On behalf of an opt-in class, five walking deliverymen who worked at various Key Food stores in New York City are suing the stores for failing to pay minimum wage and overtime in violation of the Fair Labor Standards Act and the New York Minimum Wage Act. Plaintiffs allege that defendants hired them through a labor agent and, as joint employers, had them perform nondelivery tasks as well, such as moving shopping carts and bagging groceries. Plaintiffs claim that they normally worked six-day weeks of forty-eight to seventy hours. They seek the unpaid minimum and overtime wages, liquidated damages under both statutes, and attorney fees. Ruling on a motion to dismiss one defendant against whom only state law claims were filed, the district court held that plaintiffs pleaded sufficient facts to support a conclusion that defendant was a joint employer and that supplemental jurisdiction over the state law claims was appropriate because they were part of a shared story among the plaintiffs and derived from a common nucleus of operative fact. The joint-employment claim was bolstered, the court said, by the court’s summary judgment ruling in Ansoumana v. Gristedes Operating Corporation, 2555 F. Supp. 2d 184 (S.D.N.Y. 2003) (Clearinghouse No. 52,833), a case that involved some of the same parties.

Additional Information

Attorney Information
Plaintiffs represented by Scott Moss, Assistant Professor of Law, Marquette University Law School 1103 West Wisconsin Ave., Milwaukee WI 53201 (414.288.5492).
Docket Date
2005-06-15 00:00:00+00:00
Attorney Email
scott.moss@marquette.edu

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