This class action employment lawsuit alleges that Manhattan Beer Distributors, LLC failed to correctly calculate and pay overtime wages to delivery drivers, routinely made unlawful deductions from drivers' wages and failed to keep proper records concerning wages earned and hours worked by delivery employees.
According to the complaint in this case, the plaintiff seesk to remedy the allegedly illegal labor practices of Manhattan Beer Distributors, LLC and its Chairman and President Simon Bergson. Manhattan Beer is a wholesale regional distributor of popular beer brands and other beverages, and is headquartered in the Bronx with additional area facilities. Servicing over 25,000 customers, Manhattan Beer is oe of the largest distributors of beverages in the nation.
Plaintiff Larry Swanson and other prospective members of the class in this lawsuit are transportation workers who drive or assist drivers on delivery of beverages to the Company's customer base across the region. It is alleged that despite its impressive growth in recent years, Manhattan Beer routinely fails to pay its employees all of the overtime wages they are due and also makes unlawful deductions from wages in order to compensate for its own losses. Specifically, the complaint states that:
- Plaintiff Swanson regularly works in excess of 40 hours per week,
- Plaintiff was not paid for 30 minutes of meal breaks per day, which he was unable to take due to the nature of the work being performed,
- Manhattan Beer makes unilateral deductions from wages of the cost of missing or miscounted beverages from drivers' loads, despite it being the Company's responsibility to cover such losses
- Wage deductions for such losses are made at retail rates, not the wholesale prices paid by the Company for such goods,
- The Company did not remit "Spread of Hours" pay for time worked exceeding 10 hours per day, and
- The Company did not keep adequate or accurate records of hours worked, as required by the Fair Labor Standards Act and the New York Labor Law
The plaintiff has brought this action for himself and all similarly situated employees within the three years prior to the filing of the complaint, including Manhattan Beer delivery drivers and driver's helpers who have not been fully compensated for all overtime hours and one-half times the regular rate of pay for all work performed in excess of 40 hours per week.
The Complaint seeks unpaid overtime, unpaid spread-of-hours wages and restitution of unlawful deductions. Plaintiff is also seeking statutory damages for Defendant's notice and wage statement violations, with the total sought for all labor law violations amounting to no less than $50,000,000.Lawsuit