Second Department Reinstates Class Action By Delivery Drivers

Hernandez v. Chefs Diet Delivery - In a class action brought by delivery drivers pursuant to Labor Law Article 6, the defendants moved to dismiss on the basis that the plaintiffs were independent contractors.  The Supreme Court agreed, but the Second Department reversed holding that the facts set forth in the complaint were sufficient to establish that the defendants exercised the requisite degree of control over their work or the means to do their work.  According to the Court, "[s]pecifically, the plaintiffs alleged that the defendants, among other things, provided daily delivery manifests directing the drivers as to where deliveries were to be made, reimbursed the drivers for mileage, and required the plaintiffs to attend mandatory meetings, to obtain approval for vacation time, to undergo approximately one to two weeks of training, and to refrain from playing loud music while making deliveries."

The Appellate Division also held that federal income tax forms designating some of the plaintiffs as independent contractors were not conclusive.  Additionally, a confidentiality and noncompete agreement signed by one of the plaintiffs was not dispositive.  Instead, the Court noted that the noncompete agreement weighed in favor of the plaintiffs.