07/06/2024
Delivery drivers and couriers who worked for "Deliver-iT" and "DI Logistics" that were called "independent contractors" and are not being paid by the company.
Deliver-iT owners have been violating multiple labor laws AND intentionally misclassifing workers as contractors and forcing them to pay a $108 monthly fee to a racketeering scam for contractor "status" and so called "accident insurane" The racket is being run by "Nica, Inc." of Hingham, MA. For some strange reason both multi-state and Federal authorities have allowed this scam to operate for years.
Many Deliver-iT "IC" couriers have quit in the last weeks because they have not been paid. You have rights, it does not matter what agreement you signed. A courier or delivery driver who works for a delivery service company is an employee. He cannot be an independent contractor. This has been the law for decades!
https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de231ci.pdf
See California Labor Code 226.8 -
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=226.8.&lawCode=LAB
In 2007 the California Unemployment Insurance Appeals Board upheld a ruling from 2003 and created a precedent decision, that is available to read on internet. This ruling involved a courier delivery company that worked in conspiracy with Nica, Inc. Just like Deliver-iT is doing today. If it was illegal in 2003 it is still illegal in 2024 - 21 years later, and the Deliver-iT owners and management knows it.
https://cuiab.ca.gov/wp-content/uploads/sites/13/precedent-decisions/pt495.pdf
The best action you can take is to file a labor law violation compliant and state you were misclassified and not paid. You can do it online.
https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
You are being ripped off. While paying piece rate is legal in California, you must still be paid minimum wage and overtime, plus rest breaks. You must be compensated for the use of your phone and data. They must provide you tools to perform the work they want you to do. You have the right to unemployment insurance and workers compensation insurance, which is the employers responsibility, not yours to be forced to pay some scam company over $100 each month. All employers are required to contribute to each workers social security, this is how the system has worked since 1937. Deliver-iT owners want to put that 6% into their pockets, make you pay the full amount, because they dont want to follow the law and contribute to a better society.
Attorneys at "Wohlner, Kaplan, Cutler, Halford, Rosenfeld & Levy" are aware of the ongoing illegal independent contractor scam by Deliver-iT and it entities. You may contact them -
https://wkclegal.com/contact/
Currently there are four wage and hour class action lawsuits against Deliver-iT by employees in four different counties. None that we can find on misclassification. They have a history of not complying with the law.
File your labor law complaint right now and stop being taken advantage of!
Attorney General Rob Bonta
California Labor and Workforce Development Agency
