PCF Newspaper Delivery Drivers File Second Class Action Lawsuit
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PCF Newspaper Delivery Drivers File Second Class Action Lawsuit

By Sarah Pierce

 

PCF, Inc.(LEGAFI) -- Newspaper delivery drivers have filed a class action lawsuit against Publishers Circulation Fulfillment, who they say misclassifies them as independent contractors to duck labor laws, and is violating the settlement terms of a previous class action lawsuit.

According to the Publishers Circulation Fulfillment class action lawsuit, PCF misclassifies its newspaper delivery drivers as independent contractors rather than as employees, which deprives them of the protections they’re entitled to under Massachusetts wage law.

In addition, the class action lawsuit claims PCF is violating the terms of a settlement agreement previously reached in the class action lawsuit Barbosa v. Publishers Circulation Fulfillment, Inc., which requires PCF to cease certain conduct, including taking “deductions from carrier pay” relating to client complaints.

Despite agreeing to the Barbosa settlement terms, “PCF has continued to make deductions in violation of the Settlement and has made deductions with respect to newspaper bags and supplies that are inconsistent with the terms of the Settlement.”

PCF deliver drivers who incur the unlawful deductions earn less than minimum wage as a result.

The PCF class action lawsuit is seeking damages for PCF’s breach of the Barbosa settlement agreement by continuing to make deductions from newspaper carriers’ pay relating to complaints from clients. It is brought on behalf of all newspaper delivery drivers for PFC, Inc. who work out of, or deliver newspapers within Massachusetts in one of the terminal operated by PCF and who have worked for PFC since the Barbosa Settlement Agreement became “final and effective” on December 9, 2009.

A copy of the PCF Newspaper Delivery Driver Class Action Lawsuit can be read here.

The case is Tania Morrell, et al. v. Publishers Circulation Fulfillment, Inc. (PCF, Inc.).

 

Updated November 29th, 2011

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