On February 6, 2018, the Honorable Judge Mark C. Ciarocca, of the Superior Court of New Jersey for Union County certified a class of auto parts delivery drivers in a case against Big City Automotive, Inc and two of its related corporations in connection with the alleged misclassification of its employees as independent contractors and the failure to pay them overtime or minimum wage after accounting for unreimbursed expenses. The case is styled Nii-Moi, et al. vs. Linden B.C., Inc., Big City Englewood, Inc, and Big City Automotive, Inc.
In the Class Certification Order, the Marlborough Law Firm and the law firm of Mintz and Geftic were appointed Co-Lead Counsel for the certified class and four of the plaintiffs were appointed as representatives of the class.
With respect to the decision, Mr. Marlborough, Principal Attorney of the Marlborough Law Firm stated: “This is great news for class members. The Court recognized that Plaintiffs satisfied their burden of showing that common questions predominate over individual ones in this case, such that plaintiffs’ claims can be proceed on behalf of all members of the class. We are looking forward to notice going out to all class members and to litigating the case on a classwide basis.”