A-1 Quality Logistical Solutions, LLC; William Foster, III; East Logistics, LLC; Eastern Labor, LLC; Empire Labor Services, LLC

Filing Demands for Arbitration – Posted December 12, 2024

87 workers have brought their claims against A-1 in arbitration so far, and we are filing more demands for arbitration on behalf of our clients to bring their claims to recover their unpaid wages.

Often, employers like A-1 require arbitration agreements as a condition of employment to try to stop individuals from bringing their claims—in this way, they try to discourage people from joining together and asserting their rights to fair pay under the law.

We continue to fight for workers in arbitration. We encourage you to contact us if you think your rights may have been violated.

If you worked in a warehouse for A-1 at any time within the last three years, worked more than 40 hours in a week, weren’t paid overtime wages at the rate of time and one-half your hourly rate, and/or suffered deductions from your pay, you may be eligible to file a claim. Call us at (845) 255-9370 or fill out our case inquiry form to learn more.

Filing Demands for Arbitration – Posted November 14, 2024

As of today, more than 70 workers have brought their claims against A-1 in arbitration. We have continued to file new demands for arbitration on behalf of our clients, and we will file more as more workers contact us asking to bring their claims to recover their unpaid wages.

Often, employers like A-1 require arbitration agreements as a condition of employment to try to stop individuals from bringing their claims—in this way, they try to discourage people from coming together and asserting their rights to fair pay under the law.

But we are prepared to keep fighting for workers’ fair pay in arbitration. We encourage you to contact us if you think your rights may have been violated.

If you worked in a warehouse for A-1 at any time within the last three years, worked more than 40 hours in a week, weren’t paid overtime wages at the rate of time and one-half your hourly rate, and/or suffered deductions from your pay, you may be eligible to file a claim. Call us at (845) 255-9370 or fill out our case inquiry form to learn more.

Case Update – Posted October 7, 2024

The Court recently decided that A-1’s Order Selectors must litigate their claims in arbitration, and not in federal court. This means that instead of proceeding through a collective and class action in federal court, claims will now be addressed and decided through individual arbitrations. While this change affects the forum where claims will be resolved, it doesn’t impact the merits of workers’ claims. You can read the court’s decision here.

Companies like A-1 often use arbitration agreements to try to stop workers from coming together to fight for their rights. But we have already filed unpaid overtime claims on behalf of 20 A-1 workers in arbitration, and we are preparing to file more. We know that there are many more workers with claims against A-1 and we are prepared to continue to fight on their behalf in arbitration.

Because the Court’s decision was partially unclear, we asked the Judge to clarify if Lumpers must also litigate in arbitration. We are waiting for the Judge to clarify the ruling and will provide another update when we receive a decision.

If you worked in a warehouse for A-1 at any time within the last three years, worked more than 40 hours in a week, weren’t paid overtime wages at the rate of time and one-half your hourly rate, and/or suffered deductions from your pay, you may be eligible to file a claim. Call us at (845) 255-9370 or fill out our case inquiry form to learn more.

NLRB-Retaliation Settlement for Former Warehouse Employee - Posted July 11, 2024

On April 26, 2023, Tiris Coates, a former employee of A-1 Quality Logistical Solutions, LLC, and Empire Labor Services, was terminated from his position. He was fired  shortly after he had joined the class action lawsuit London, et al., v. A-1 Quality Logistical Solutions, LLC, et al. (“the lawsuit”). In response to Mr. Coates’ termination, Getman, Sweeney & Dunn promptly filed a complaint with the National Labor Relations Board (NLRB) on April 28, 2023, alleging that his dismissal constituted unlawful retaliation for Mr. Coates’ concerted protected activity under the National Labor Relations Act.

Following an investigation, the NLRB issued a Complaint and Notice of Hearing. A few days before the trial date of June 10, 2024, the NLRB and the Respondents entered into a settlement agreement. Click here to view the final settlement agreement.

As part of the settlement agreement, Mr. Coates received compensation in the form of full back pay, and Respondents agreed to undertake several actions to address the consequences of Mr. Coates’ termination and to educate other workers about their rights, which will prevent similar incidents in the future. Specifically, they committed to:

• Posting a notice within its facilities acknowledging the settlement and affirming its commitment to compliance with the NLRA.
• Mailing a notice to current and former employees who worked at the facility located at 300 NY-281, Tully, NY 13159 at any time from July 1, 2022 to April 30, 2023  informing them of the settlement and their rights under the NLRA.
• Issuing a formal letter of apology to Mr. Coates, acknowledging any harm caused by his termination and expressing regret for any negative impact on his career.
• Providing Mr. Coates with a neutral employment reference upon request, ensuring that his future job prospects are not adversely affected by his termination from A-1 Quality Logistical Solutions, LLC, and Empire Labor Services.

The settlement agreement represents a resolution of the NLRB dispute between Mr. Coates and A-1 Quality Logistical Solutions, LLC, and Empire Labor Services, and underscores the importance of protecting employees’ rights against retaliation. It does not resolve the claims in the underlying class action lawsuit in London, et al., v. A-1 Quality Logistical Solutions, LLC, et al, which is still pending.

Case Update - Posted May 11, 2023

To date, over 100 A-1 warehouse workers, including order selectors and lumpers, have joined the case by filing a Consent to Sue!

Last week we filed a motion with the Court and asked the Court to conditionally certify the case on behalf of A-1 warehouse workers. Then, in an attempt to prevent workers from litigating on a group basis in Federal Court, earlier this week A-1 filed a motion to compel arbitration. Richard Mursinna offered a declaration in support of A-1’s motion. You can read what he says here. We will oppose A-1’s motion to compel arbitration. The Court’s ruling regarding these motions will dictate whether the case moves forward as a collective action in Federal Court, or the warehouse workers must proceed with individual cases in arbitration.

Case Update - Posted March 16, 2023

On March 10 we filed an amended complaint and asserted additional state class action claims in Colorado and Missouri for individuals who worked in those states. Click here to read the amended complaint.

The participation in this case has been impressive. To date, approximately 90 people have filed a Consent to Sue and joined the case.

Answers to Common Questions

Which employees have claims against A-1?

Current or former warehouse workers who were employed by A-1 in the last three years (or possibly longer, depending on the state in which you worked), were classified as independent contractors, worked more than 40 hours in a week, didn’t receive compensation at the rate of time and one-half for all hours worked over 40 in a workweek or suffered deductions from their pay, can ask to bring their claims in an individual arbitration by contacting us through the case inquiry form or calling us at (845) 255-9370. Positions with possible claims include lumpers and order selectors. There may be other positions as well.

What claims are covered in this case?

The claims are for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”). Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case.

Depending on which state you worked in, you may have additional claims. For example, if you worked in New York, under the New York Labor Law you may be entitled to unpaid overtime wages, an equal amount in liquidated damages (or double damages), and prejudgment interest at the rate of 9%, up to $5,000 for pay statements violations, and up to $5,000 for wage notice violations.

How far back can claims be made?

Generally, under the FLSA, you are entitled to make claims extending back three years from the time you bring a claim in federal court or arbitration. A-1 will be entitled to argue that its violations were not willful and that its claims should be limited to only a two-year period preceding the filing of your arbitration.

Claims under the New York Labor Law go back 6 years from the filing of the Complaint. Other states may have a statute of limitations that’s better than the FLSA.

How do I join the case?

Contract us if you want to bring claims for your unpaid wages under the FLSA for back overtime wages and an equal amount of liquidated damages in this action, and possible state law claims. To request to be represented by counsel, please fill out the case inquiry, or call us at (845) 255-9370.

Can I wait to file a case in arbitration?

You are not represented until you sign a retainer. If you delay filing in arbitration, part or all of your claim may be barred by the statute of limitations.

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. Under the FLSA and under some state laws, if Plaintiffs recover back wages, A-1 must pay the workers’ costs and attorneys’ fees.

Can A-1 fire me or take action against me for joining the case?

The law prohibits retaliation for filing overtime claims. If any employee suffers retaliation, A-1 would be liable for additional monetary damages. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurred. Retaliation is extremely rare in overtime cases because an employer can suffer such serious penalties.