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American Eagle Express

This lawsuit seeks to recover unpaid wages for delivery drivers who worked for American Eagle Express, Inc. or AEXGroup (“AEX”). The drivers allege that because AEX classified them as independent contractors rather than employees, AEX violated New Jersey state law by failing to pay them overtime and making improper deductions to their compensation.

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Case Updates

May 1, 2014

Today, our firm, along with co-counsel Lichten & Liss-Riordan, started this class action lawsuit by filing a Complaint in the United States District Court for the District of New Jersey against American Eagle Express, Inc. (d/b/a AEX Group). The lawsuit is brought on behalf of individuals who worked as delivery drivers in the state of New Jersey for AEX. The lawsuit alleges that, AEX classified these individuals as independent contractors and failed to pay extra overtime compensation when the drivers worked over 40 hours per week and also made impermissible deductions from their compensation. The lawsuit alleges that this practice violates New Jersey state law. You can access the Complaint below. If you would like additional information about the lawsuit and whether you are covered or potentially eligible to join, feel free to call our office at (215) 884-2491.

Jun 17, 2014

Today AEX filed an Answer to the Complaint in which it generally denied violating the law and asserted that their pay practices are legal. It also filed motion to dismiss the claims in the Complaint under the New Jersey doctrine of unjust enrichment and a Third-Party Complaint against the corporate entities utilized by the plaintiffs for purposes of being paid by AEX. Copies of these documents are below.

Jul 8, 2014

Today we filed an opposition to AEX’s motion to dismiss the claim for unjust enrichment. We also filed a motion to dismiss the third-party complaint that AEX Group filed against the corporate entities utilized by plaintiffs for purposes of being paid by AEX. You can access copies of these documents below.

Sep 22, 2014

Today we had an initial conference with the Magistrate Judge who has been assigned to this case. The purpose of this conference is to establish a scheduling order for this case.

Feb 13, 2015

Today we submitted a letter to the Court discussing the ramifications of the January 14, 2015 decision by the New Jersey Supreme Court in Hargrove v. Sleepy's, LLC. The Hargrove court held that the appropriate test for determining whether an individual is an “employee” or “independent contractor” for purposes of the New Jersey Wage and Hour Law, N.J.S.A. §§34:11-56a, et seq. (“NJWHL”) and the New Jersey Wage Payment Law (“NJWPL”), N.J.S.A. §§ 34:11-4.1, et seq. is the “ABC” test derived from the New Jersey Unemployment Compensation Act. Under the ABC test, an individual is presumed to be an employee unless the employer can demonstrate that:

(A) Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact; and

(B) Such service is either outside the usual course of the business for which such service is performed, or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and

(C) Such individual is customarily engaged in an independently established trade, occupation, profession or business.

The failure to satisfy any one of the three criteria results in an employment classification. A copy of this letter is available below.

May 6, 2015

Today Judge Esther Salas of the United States District Court for the District of New Jersey held oral arguments on the parties’ cross-motions to dismiss. Judge Salas denied AEX’s motion to dismiss the drivers’ claim under the New Jersey doctrine of unjust enrichment. Judge Salas also denied the drivers’ motion to dismiss the Third-Party Complaint against the corporate entities utilized by the plaintiffs for purposes of being paid by AEX. A copy of the Court’s order is available below.

May 29, 2015

Today we filed a renewed motion to dismiss the Third-Party Complaint against the corporate entities utilized by the plaintiffs for purposes of being paid by AEX. You can access copies of these documents below.

Sep 8, 2015

Today we filed an opposition to AEX’s motion for judgment on the pleadings in which AEX argued that the drivers’ claims for unpaid wages and improper deductions are preempted by the by the Federal Aviation Administration Authorization Act of 1994 (FAAAA), 49 U.S.C. § 14501(c)(1). A copy of this opposition brief is available below.

Mar 11, 2016

Today, Judge Esther Salas of the United States District Court for the District of New Jersey held oral arguments on two motions currently pending before the Court. The first was the drivers’ motion to dismiss the Third-Party Complaint against the corporate entities utilized by the plaintiffs for purposes of being paid by AEX. The second was AEX’s motion for judgment on the pleadings based on the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The Court should issue a ruling on these motions in the coming weeks.

Nov 21, 2016

Today we are pleased to announce that Judge Esther Salas of the United States District Court for the District of New Jersey entered an order denying AEX’s motion for judgment on the pleadings. In her opinion, Judge Salas held that the drivers’ claims for unpaid wages and improper deductions are not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Judge Salas also denied the drivers’ motion to dismiss the Third-Party Complaint against the corporate entities utilized by the plaintiffs for purposes of being paid by AEX. A copy of the Court’s ruling is available below.

Jan 3, 2017

Today we filed an opposition to AEX’s motion for leave to seek an appeal of the Court’s November 21, 2016 order denying AEX’s motion for judgment on the pleadings based on the Federal Aviation Administration Authorization Act of 1994 (FAAAA). A copy of our opposition brief is available below. We expect the Court to rule in the coming weeks on this motion.

Mar 12, 2018

Today the Third Circuit Court of Appeal announced that it would allow AEX to appeal the District Court's November 21, 2016 order denying AEX’s motion for judgment on the pleadings based on the Federal Aviation Administration Authorization Act of 1994 (FAAAA). A briefing schedule will be set by the Third Circuit in the coming weeks.

Aug 6, 2018

Today the appeal brief on behalf of the drivers was filed with the Third Circuit Court of Appeals. A copy of this brief is accessible below.

Aug 17, 2018

We are pleased to announce that the New Jersey Department of Labor and Workforce Development and Public Citizen Inc. have each filed briefs with the Third Circuit Court of Appeals in support of our case. Copies of these briefs are available below.

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