Judge allows suit filed by Pennsylvania medical marijuana delivery drivers

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A federal court in Pennsylvania will not dimiss a lawsuit filed by former FarmaceuticalRX delivery drivers over employment classification with the medical marijuana company.

U.S. District Judge William Stickman, in a 15-page memorandum, denied the MMJ producer and its affiliates’ motion for dismissing claims filed under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act, according to Law360.

The drivers claim in the suit that FarmaceuticalRX, which has operations in Pennsylvania and Ohio, misclassified them as independent contractors and denied overtime wages and they should have been considered full-time workers.

The judge ruled the drivers showed sufficient evidence that:

  • FarmaceuticalRX and affiliates FRX Management Holdings and FRX Growth Partners were acting as one employer.
  • The drivers solely transported FRX products using company vehicles.
  • They worked exclusively for the company.
  • They performed an integral part of the business.

In a February brief opposing FRX’s motion to dismiss, the drivers said the defendants issued the workers’ paychecks and tax forms, provided vehicles and equipment, covered their insurance and controlled their schedule, all obligations of employers, Law360 reported.

Meanwhile, in Ohio, FarmaceuticalRX and seven subcontractors are defending a $2.3 million breach-of-payment lawsuit regarding construction work on its marijuana cultivation and processing plant in East Liverpool, according to The Review newspaper.