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Ansoumana v. Gristede's Operating Corp.

Delivery workers assigned to Duane Reade stores and who made deliveries on foot are employees.

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Judge Hellerstein

ANSOUMANA v. GRISTEDE’S OPERATING CORP. — Plaintiffs Faty Ansoumana et al., and the class they represent, were delivery workers for supermarkets and drugstore chains, including stores owned and operated by Duane Reade, Inc., a defendant. The delivery workers were hired by the Hudson/Chelsea group of defendants1 and assigned to Duane Reade stores to make deliveries to customers and to provide general in store services, as directed by the store supervisors. I am asked to decide, on these cross-motions for summary judgment, whether, as to the Hudson/Chelsea defendants, the plaintiffs were independent contractors or employees entitled to be paid a minimum wage and time-and-a-half for overtime and, if plaintiffs were employees, whether Duane Reade was a “joint employer,” jointly obligated with the Hudson/Chelsea defendants to pay minimum wages and overtime. I will be applying, in determining the issues put to me, the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§201?219 (2002), and the New York Minimum Wage Act, N.Y. Lab. Law §§650?665 (2002).

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