Delivery Driver Overtime and Independent Contractor Misclassification
San Antonio Pharmacy — Delivery Driver Overtime and Independent Contractor Misclassification
Carvajal Pharmacy LTC LLC and Carvajals, Inc. | Pharmacy Delivery Drivers | San Antonio, Texas
Buenker Law filed a federal lawsuit against Carvajal Pharmacy LTC LLC, Carvajals, Inc., and a named individual manager on behalf of pharmacy delivery drivers in San Antonio who were misclassified as independent contractors and denied overtime pay. The drivers delivered prescription medications and supplies to patients on behalf of the pharmacy, working routes that regularly required more than 40 hours per week. Despite the consistent, directed, and ongoing nature of their work, they were paid on a per-delivery rate with no overtime premium.
What gives this case particular force is that the employer was not acting without knowledge of its legal obligations. A prior investigation by the U.S. Department of Labor found that the pharmacy owed more than $54,000 in unpaid overtime to 11 employees and assessed fines exceeding $50,000. Despite those findings and penalties, the company continued to pay drivers on a per-delivery basis with no overtime — conduct that, under the FLSA, constitutes willful violation and extends the statute of limitations to three years. The lawsuit additionally alleges that delivery rates were secretly lowered without driver notice and that a dispatch supervisor withheld pay records from workers.
The lawsuit was filed as a collective action on behalf of all pharmacy delivery drivers paid on a per-delivery basis by the Carvajal entities. State law claims including breach of contract and unjust enrichment are also alleged, reflecting the full scope of harm to the workers.
Workers in similar situations may have legal rights under the FLSA. Because prior legal action or agency findings can establish willful conduct, affected workers may be entitled to recover three years of back wages. Time limits apply.
