Arena v. Delux Transportation Services, Inc.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff brings this action claiming violations of the Fair Labor Standards Act (“FLSA”), New York State Labor Law (“NYLL”), New York Code of Rules and Regulations (“NYCRR”), and for wrongful *3conversion of his funds.1 The gravamen of Plaintiff’s complaint2 is that as a driver of taxicabs, he was defendants’ employee and therefore entitled to the protections of the FLSA and New York labor laws, which he claims were violated here. Specifically, Plaintiff claims he was not paid minimum wage, proper overtime or his “spread of hours” pay. Plaintiff also…