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Employment

Street Fleet

Abdul-Ahad, et al. v. Associated Courier, Inc. (d/b/a Street Fleet)
Case No. 0:20-cv-00607-PJS-HB (D. Minn.)

On February 26, 2020, couriers filed an overtime lawsuit against Associated Courier, Inc. (d/b/a Street Fleet). The couriers worked for the company delivering items such as auto parts and paperwork. The Complaint alleges Street Fleet misclassified couriers as independent contractors rather than employees and as a result did not pay them overtime compensation. The Complaint also details allegations of discriminatory treatment of immigrant and minority workers and retaliation toward couriers who lodged complaints with the company about its alleged unlawful practices.

The case is filed as a putative collective action under the federal Fair Labor Standards Act and as a class action under Minnesota overtime law. It seeks to include couriers who worked for the company within the past three years, and requests compensation for unpaid overtime, liquidated (double) damages, and other available relief.

We believe Street Fleet misclassified couriers as independent contractors. This scheme denied these workers overtime pay they are entitled to receive under employee wage and hour laws. Street Fleet did not treat its couriers like owners of their own businesses.  Rather, it controlled them as if they were its employees, but did not pay them the overtime pay to which employees are entitled to receive under the law.  We seek to hold the company responsible for the overtime wages these couriers were denied and to get answers to questions about its pay practices that it retaliated against couriers for asking

Our law firm is partnered with attorney Joshua A. Newville of Madia Law LLC to represent the workers in this action.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

You may be eligible to make a claim in this case if, at any time during the past three years, you worked for Street Fleet as a courier driving a vehicle with a gross vehicle weight of 10,000 lbs. or less, and were not paid an overtime premium for the overtime hours worked.

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 Minnesota 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 class and collective actions is the same: it allows one of 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 time asking the Court to grant these certifications.

Which Locations Are Included?

This case seeks to include all couriers who work or have worked for Street Fleet within the past three years.

How Do I Join This Case?

Federal law under the FLSA requires employers to pay overtime after 40 hours in a workweek. In order to make a claim in this case for unpaid overtime under the federal law, you must complete and return a consent form. You can sign up online by clicking here.

Minnesota state law requires employers to pay overtime after 48 hours in a workweek. If the Court certifies this case as a class action under Minnesota state law, all couriers who worked in Minnesota within the past three years will be automatically included, unless they choose to opt-out. Minnesota state law only permits recovery of overtime worked over 48 hours in a workweek.

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows workers from all states to recover unpaid overtime wages within two years of the worker signing up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that Street Fleet willfully violated the law, the statute of limitations may be extended to three years. The statute of limitations for Minnesota state law claims is the same.

Do I Have To Pay Anything?

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

How Do I Prove I Worked Overtime?

If you 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 to make a claim for your overtime pay. If a company did not keep accurate time records, most courts will permit you to estimate your work hours. Through this lawsuit, we will seek any records Street Fleet may have of your hours worked as well.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. Similarly, Street Fleet should not threaten to sue you for joining this case. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Julia McGuire at (612) 256-3267 or jmcguire@nka.com immediately.

How Long Will This Case Take?

The length of this kind of case varies, but these cases 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 joining the lawsuit.

How Can I Help?

If you know any couriers interested in making a claim for unpaid overtime, please direct them to the case clerk, Julia McGuire, at (612) 256-3267 or jmcguire@nka.com. You can also direct them here to sign up electronically. There is strength in numbers.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Julia McGuire at (612) 256-3267 or jmcguire@nka.com.

Case Updates

  • February 28, 2020

    Street Fleet Couriers Represented by Madia Law LLC and Nichols Kaster, PLLP File Unpaid Overtime Class Action

    On February 26, 2020, couriers filed an overtime lawsuit against Associated Courier, Inc. d/b/a Street Fleet (“Street Fleet”). The couriers worked for the company delivering items such as auto parts and paperwork. The Complaint alleges Street Fleet misclassified couriers as independent contractors rather than employees and as a result did not pay them overtime compensation. The Complaint also details allegations of discriminatory treatment of immigrant and minority workers and retaliation toward couriers who lodged complaints with the company about its alleged unlawful practices.

    The case is filed as a putative collective action under the federal Fair Labor Standards Act and as a class action under Minnesota overtime law. It seeks to include couriers who worked for the company within the past three years, and requests compensation for unpaid overtime, liquidated (double) damages, and other available relief.

    One of the couriers’ attorneys, Michele R. Fisher of Nichols Kaster, PLLP, explained, “We believe Street Fleet misclassified couriers as independent contractors. This scheme denied these workers overtime pay they are entitled to receive under employee wage and hour laws. Street Fleet did not treat its couriers like owners of their own businesses.  Rather, it controlled them as if they were its employees, but did not pay them the overtime pay to which employees are entitled to receive under the law.  We seek to hold the company responsible for the overtime wages these couriers were denied and to get answers to questions about its pay practices that it retaliated against couriers for asking.” 

    Plaintiffs are represented by Michele R. Fisher of Nichols Kaster, PLLP, which has offices in Minnesota and California, and Joshua A. Newville of Madia Law, LLC in Minneapolis, Minnesota. The case is entitled, Abdul-Ahad et. al. v. Associated Courier, Inc. d/b/a Street Fleet, Case No. 0:20-cv-00607-PJS-HB (D. Minn.)  

    Street Fleet is a courier and delivery services company that operates in Minnesota and neighboring states.

    Additional information about the case and how couriers can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492, ext 267.

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