Delivery, warehouse & drivers NY · NJ · FL
Couriers, warehouse loaders, car-service and van drivers are often called contractors when the law says they are employees. A 1099 form does not change who controlled the work.
HOW THE PAY GOES WRONG HERE
Each of these may be a claim under federal law or the law of the state where you worked. The oldest weeks fall out of reach as time passes, so the clock matters.
Federal law looks at the economic reality of the job. New Jersey presumes you are an employee unless the company proves all three parts of its ABC test. A driver whose schedule, route and pay the company controls is usually an employee.
Piece rates and per-stop pay still require overtime. Your regular rate is the total earned divided by the hours worked, and you are owed an extra half of that rate for every hour over 40.
Time waiting for the next assignment at the company’s direction, and time loading or unloading, is work time.
Expenses that cut your pay below the minimum wage are the employer’s problem, and in New York most deductions from wages are unlawful.
New York City sets a separate minimum pay rate for app-based restaurant and grocery delivery workers and requires the apps to pay it. As of April 1, 2026 it is $22.13 an hour before tips.
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Delivery, warehouse & drivers
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