Second lawsuit filed against Waitr; employees claim company pays them below minimum wage

Updated: Mar. 17, 2019 at 2:39 PM CDT
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LAFAYETTE, LA (WAFB) - Waitr is getting hit with a second lawsuit that alleges the food delivery app company violated labor laws, according to The Daily Advertiser.

Autumn Montgomery, a Waitr driver, filed the lawsuit Mar. 8 in the District Court of New Orleans. The lawsuit was filed for unpaid minimum wages, overtime pay damages, penalties, attorney fees, and expenses. In addition, the lawsuit included an injunctive relief under the Fair Labor Standards Act and state law.

In the lawsuit, Montgomery claims she received a net sum of about about $1.97 per hour after she “worked 28.78 hours and drove her automobile 279 miles or more delivering food to customers.” Other Waitr drivers have joined Montgomery’s lawsuit, according to The Advertiser. Another lawsuit was filed in February by two Waitr drivers who claim employees are paid below the $7.25 state minimum wage.

Both lawsuits are collective actions under the Fair Labor and Standards Act, meaning employees can come together under one lawsuit against their employer. WAFB 9News reached out for a comment from Waitr.

Waitr has recently seen major growth after billionaire, Tilman Fertitta, bought the company for $300 million in 2018. Earlier this year, Waitr announced it would expand the company’s headquarters to Lafayette in response to its growth and would support the company’s online and mobile software solutions.

The company started making food deliveries in Lake Charles in 2013 before it expanded to the Lafayette and Baton Rouge markets.

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