David W. Ricksecker
Wed, 03/15/2023
A Federal District Judge denied the employer’ medical cannabis company motion to dismiss, and found that the former delivery drivers complaint, who claim the employer misclassified them as independent contractors and denied them overtime wages, can proceed. In a 15-page memorandum opinion, U.S. District Judge William S. Stickman IV denied FarmaceuticalRX LLC and its sister companies’ motion to dismiss the drivers’ Fair Labor Standards Act and Pennsylvania Minimum Wage Act claims.
The Judge found that the drivers had alleged that Employer managed their daily supervision, scheduling, discipline and compensation, supporting their contention that they should be deemed company employees instead of independent contractors. The drivers also provided enough evidence to show that they solely transported FRX products using company vehicles, worked exclusively for the company and performed an integral part of the business. In addition, the judge found that the drivers offered sufficient evidence at this stage to show that co-defendants FarmaceuticalRX LLC, FRX Management Holdings LLC and FRX Growth Partners LLC were acting as one employer because they all operate out of the same place and have common ownership.
The case is DeMarco et al. v. FarmaceuticalRX LLC et al., case number 2:22-cv-01164, U.S. District Court for the Western District of Pennsylvania.
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