In March 2013, two delivery drivers for Chelsea Industries, doing business as Same Day Delivery, filed suit against Chelsea Industries and Subcontracting Concepts, doing business as SCI. Our clients were required to sign agreements characterizing them as “independent contractors” and “owner operators,” but in fact Chelsea Industries and SCI exercised a great deal of control over the day-to-day activities of delivery drivers. Drivers were paid a set daily wage that did not change depending on the number of hours they worked, and they did not receive overtime premiums. They were also required to pay for certain business expenses and had improper deductions taken from their wages.
In March 2014, the Southern District of New York ordered that the case be moved to arbitration. Pelton Graham LLC is in the process of demanding arbitration and mediating this matter on behalf of our clients. If you worked for Same Day or SCI, or if you have questions about independent contractors or would like to learn more about this action, please contact us at (212) 385-9700 or by filling out an inquiry on our website.