New York, NY — A class action lawsuit has been filed against DHL Express (USA) Inc. and Deutsche Post DHL (collectively “DHL”), in the United States District Court for the Eastern District of New York, on behalf of hourly paid non-exempt Service Agents and Senior Service Agents (“Agents”). The Complaint alleges that DHL’s policies violate the Fair Labor Standards Act and New York labor law by utilizing improper time rounding and automatic meal deduction procedures, all which result in Agents working without proper compensation.
As described in the Complaint, it is alleged that DHL regularly permits their Agents to clock in up to 9 minutes before their scheduled shift, but rounds off the actual time they have signed in to their scheduled start time, despite the fact that Agents perform compensable work related duties during that 9 minute window. Additionally, it is alleged that DHL does not average out this time rounding policy by crediting Agents who sign out prior to the end of their scheduled shift, rather DHL only pays each Agent up to the minute they sign out, thereby receiving an unfair benefit from Agents’ pre-shift uncompensated work. Furthermore, the Complaint alleges that DHL automatically deducts a full 30 minutes for meal breaks from full-time Agents’ daily paychecks, regardless of whether Agents have signed back into work prior to the expiration of the full 30 minutes and are performing uncompensated work related duties. This indiscriminate automatic 30 minute meal deduction does not take into account the actual time reflection for when Agents are clocked in. DHL routinely refuses to pay Agents their straight and overtime wages for this excess time which they are owed under Federal and State law. By bringing this action, the attorneys listed below hope to end these practices and recover the wages and overtime pay that each Agent is due under the law.
If you work or have worked at DHL as an Agent, you may request to be included in the proposed class. Please contact Brett Gallaway, Esq. at McLaughlin & Stern, LLP at 646-738-6353 or Matthew Cohen, Esq. at the Law Firm of Louis Ginsberg, PC at 877-4WAGESLAW (877-492-4375), for any questions you have about the action.