PHILADELPHIA – Two New Jersey men are suing their former employer alleging they were not compensated for time worked and that they were unfairly terminated.
Denzel Burton and Malik Wilson filed a class-action complaint on Sept. 23 in the U.S. District Court for the Eastern District of Pennsylvania against Spirit Delivery, alleging violation of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law.
According to the complaint, between May 2013 and February the plaintiffs were employed by Spirit Delivery and were paid $10 per hour for all duties performed. During this time, the defendant's time clock was allegedly regularly broken, which in turn required the plaintiffs to use a different form of recording time worked. The hours on the time sheet were incorrect due to the time clock's error and therefore the plaintiffs were not fairly compensated, the complaint states. In addition, the defendant allegedly refused to make corrections to the time sheet, thus depriving the plaintiffs of compensation. Spirit Delivery is being sued as it has allegedly violated FLSA.
The plaintiffs are seeking compensation for all lost wages and other damages. They are represented by Joshua S. Boyette and Richard A. Swartz of Swartz Swidler LLC in Cherry Hill, New Jersey.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-CV-05289