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Nationwide Express, LLC and Amazon Logistics, Inc.

Warfa et al v. Nationwide Express LLC et al, Court File No. 0:18-cv-03103 (District of Minnesota)

On November 5, 2018 we filed a case on behalf of delivery drivers against Nationwide Express, LLC and Amazon Logistics, Inc in the District of Minnesota alleging violations of federal and state overtime laws.

The named plaintiffs, who have worked as package delivery drivers for the companies, brought the case on behalf of themselves and others similarly situated. The Complaint alleges that the companies did not comply with overtime laws when they paid delivery drivers a flat daily rate with no overtime premium for overtime hours worked.  The delivery drivers seek to recover unpaid overtime premiums on behalf of themselves and other delivery drivers similarly situated, plus double damages. 

Type of Case

Unpaid Overtime Wages

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Case Updates

  • November 8, 2018

    Amazon Package Delivery Drivers Seek Unpaid Overtime From Nationwide Express, LLC and Amazon Logistics, Inc.

    Delivery drivers who worked for Nationwide Express, LLC and Amazon Logistics, Inc. delivering packages for goods purchased on Amazon.com filed a lawsuit on November 5, 2018, alleging violations of federal and state overtime laws.

    The Complaint alleges that the companies did not comply with overtime laws when they paid delivery drivers a flat daily rate with no overtime premium for overtime hours worked.  The delivery drivers seek to recover unpaid overtime premiums on behalf of themselves and other delivery drivers similarly situated.  

    Plaintiffs’ attorney Michele R. Fisher of Nichols Kaster, PLLP stated, “these delivery drivers are extremely busy working long hours delivering packages to Amazon customers. They should be paid time and a half for their overtime hours worked.”

    Plaintiffs are represented by Michele R. Fisher and Neil D. Pederson of Nichols Kaster, PLLP, and Gregory Walz of the Walz Law Office. The case is entitled, Warfa et al v. Nationwide Express LLC et al, Court File No. 0:18-cv-03103 (District of Minnesota). 

    Additional information about how to make a claim for overtime pay in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492, ext. 224.

Am I eligible?

If you worked for Nationwide Express, LLC and Amazon Logistics, Inc. within the past three years as a package delivery driver and were paid a daily flat rate and no additional overtime premium for overtime hours worked, you may have a claim for additional overtime compensation.

Additional Information

How Do I Join This Case?

To join others in making a claim in this case for overtime compensation under federal law for hours worked over 40 in a workweek you must complete a consent form. To complete the form click here.

There is also a possibility the Court will certify this case as a class action under MN state law.  If that happens, eligible delivery drivers will automatically be included in this case unless they opt out.  The MN state law claims, however, only cover overtime hours worked over 48 in a workweek. 

What Time Frame Is Covered?

There is a time limit under the federal law called a statute of limitations that allows an employee to recover unpaid wages for hours worked within two years of joining by filing a consent form. If we can prove Nationwide Express, LLC and Amazon Logistics, Inc. willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

No, you will not have to pay us anything out of your own pocket.  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 an award, and that payment will only come out of that settlement or award. 

How Do I Prove the Overtime Hours I Worked?

If you have records related to your work with Nationwide Express, LLC and Amazon Logistics, Inc., please keep them until we ask you for them.  However, you do not need to have records of your work hours to make a claim. If Nationwide Express, LLC and Amazon Logistics, Inc. did not keep accurate time records, most courts will permit you to make a good faith estimate of your work hours.  We will seek any records the companies have of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Nationwide Express, LLC and/or Amazon Logistics, Inc.

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 suffer retaliation, you may have additional claims. If you believe you may be the victim of retaliation for joining 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 know of any delivery drivers who are interested in making a claim for unpaid overtime, they should contact us to sign up.  There is strength in numbers.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Max Mlinar at 612-256-3238 or at mmlinar@nka.com.

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.