Dragon City is a Chinese restaurant located in Piqua, Ohio. One of the restaurant’s former delivery drivers has filed a lawsuit in federal Court alleging that the company completely failed to pay him minimum wage, failed to pay him overtime, and failed to reimburse his work-related vehicle expenses.
Specifically, the delivery driver alleges that he was only paid $5 for every six deliveries he completed, resulting in an extreme violation of wage laws.
Plaintiff’s allegations suggest that Dragon City may not have kept records of the hours he worked, the money he was paid, and the expenses he incurred for the company’s benefit. Often, workers we talk to are under the mistaken impression that this unfortunate reality—that their employer did not keep records—means they cannot sue for unpaid wages. But, this is not the case.
The Supreme Court has explicitly stated that the “remedial nature” of the FLSA and “the great public policy which it embodies” must permit an employee to prove their case, even when an employer failed to keep records because employers have the “duty” under federal law “to keep proper records” and are the ones “in position to know and to produce the most probative facts” Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 686–87 (1946) (emphasis added, capitalization altered).
If your employer does not keep records related to wages, that does not prevent you from asserting your rights.
If you are a delivery driver (whether you deliver Chinese food, Pizzas, Sandwiches, or anything else) who uses your own car to make deliveries for your employer, or if you think you are being improperly paid, but have not reached out to anyone because you think a lack of records prevents you from proving your case, give our office a call at 513-202-0710 or fill out the form below for a free consultation!
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ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.