Skip to Main Content
employment

GoBrands, Inc. d/b/a GoPuff

Shockley v. GoBrands, Inc. d/b/a GoPuff, Inc., Court File No. 2:17-cv-04519-MSG (Eastern District of Pennsylvania)

On October 11, 2017, Plaintiff Austin Shockley filed a lawsuit on behalf of delivery drivers against GoBrands, Inc. d/b/a GoPuff, Inc. (“GoPuff”). The Complaint alleged that GoPuff misclassified its delivery drivers as independent contractors, and, in doing so, denied them overtime and minimum wage compensation. Specifically, the Complaint alleged that drivers were not given proper overtime pay when they worked over forty hours in a workweek. The Plaintiff also alleged that drivers were improperly required to bear many of the expenses of their employment, including the costs of wear and tear on their personal vehicles and the costs of gas. In light of the unreimbursed expenses, there were times when delivery drivers failed to make minimum wage.

The Plaintiff brought his claims on behalf of himself and all other similarity situated delivery drivers who worked for GoPuff across the country. The Plaintiff brought his unpaid wage claims as a collective action under the federal Fair Labor Standards Act (“FLSA”), and as a class action under Colorado state wage and hour law. Plaintiff sought to recover unpaid overtime compensation, liquidated damages, and other statutorily-permitted relief for himself and the putative FLSA collective and state law class.

On July 17, 2018, Plaintiffs and Go Puff agreed that the claims in the case should proceed in individual arbitration, instead of as a class or collective action in court.

Counsel on the case are Robert L. Schug, and Rachhana T. Srey of Nichols Kaster, PLLP, and Alexander Hood and David Seligman of Towards Justice in Denver, Colorado.

Type of Case

Unpaid Overtime/Minimum Wages

Share

Case Updates

There are no case updates to display.

Am I eligible?

Because this lawsuit arises under both federal and state law, you may have a qualifying state law claim, federal law claim, or both federal and state law claims.

Do I Have a Qualifying Federal Law Claim?

You are eligible to make a federal law claim in this case if you worked for GoPuff at any time within the past three years in any state, and were not paid proper overtime (hours worked over 40 per week) and/or minimum wages for all of your work hours.

If you do not know whether you have a minimum wage claim, please contact us.

Do I Have a Qualifying State Law Claim?

You may have a claim under Colorado state law if you worked for GoPuff as a delivery in the State of Colorado at any time during the last three years and were not paid proper overtime (hours worked over 40 hours per week) and/or minimum wages for all of your work hours.

If you do not know whether you have a minimum wage claim, please contact us.

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential collective action under federal law and a potential class action under Colorado state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate times asking the Court to grant these certifications.

Which Locations Are Included?

We are interested in representing delivery drivers that have worked for GoPuff anywhere across the country within the past three years.

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid overtime and/or minimum wages within two years of the worker signing up to join the lawsuit by completing the consent form referenced above. If we can prove that GoPuff willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

You do not have to pay anything to the attorneys if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime?

If you do have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to participate in this case. If GoPuff did not keep accurate time records, most courts will permit you to estimate your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for GoPuff and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

If you have information regarding GoPuff’s delivery drivers, you can contact the case clerk, Dan Burnett, at dburnett@nka.com or 612-256-3219.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Dan Burnett, at dburnett@nka.com or 612-256-3219.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.