Benton, et al. v. Flyway Express, LLC, et al. – Unpaid Overtime Settlement

Berger Montague served as co-lead counsel and obtained a $695,000 settlement in this wage and hour lawsuit against DHL Express (USA) Inc. d/b/a DHL Express and Flyway Express, LLC on behalf of approximately 104,690 individuals employed in the United States as non-exempt employees during the time period at issue. Led by Camille Fundora Rodriguez of Berger Montague, the plaintiffs brought this unpaid overtime case alleging violations of the federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq. The case was litigated in the United States District Court for the Western District of Tennessee and was captioned Benton, et al. v. Flyway Express, LLC, et al., No. 5:20-cv-01028-EEF-MLH (W.D. Tenn.).

The plaintiffs were non-exempt, hourly paid delivery drivers operating vehicles weighing less than 10,001 pounds and who were paid by Flyway to deliver packages pursuant to Flyway’s agreement with DHL. Plaintiffs routinely worked well over forty (40) hours per workweek and were not paid for all hours worked, including overtime compensation to which they were entitled under the law. Plaintiffs specifically claimed that defendants are joint employers and were required to wear DHL-branded shirts and identify themselves as DHL employees to DHL customers.

If you have experienced unpaid wages, unpaid overtime compensation, unreimbursed business expenses, or other wage and hour violations under federal or state laws by your employer, please contact Berger Montague. Our award-winning employment lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.