(Minimum Wage Violation)   (Quantum Meruit)   (Retaliation Against Anderson)   (Retaliation Against Silva)   (Unjust Enrichment)   (Violation of Massachusetts Independent Contractor Law)   (Violation of Massachusetts Wage Law)   10.  HDA requires such independent contractors to purchase or lease a truck with the  Sears logo painted on it, to wear uniforms bearing the Sears logo, and to utilize a so-called  “helper” in order to assist with the delivery and installation of Sears products.   12.  The Plaintiffs do not have an independently established trade or business other  than the work that they have performed for the Defendants.  Further, during the time they have  worked for the Defendants, they have not performed delivery services for anyone else, nor could  they given that they work full time and drive a truck carrying the Sears logo.   13.  Both the Defendants HDA and Sears Logistics are in the business of assuring the  home delivery of furniture, large appliances, and products to customers’ homes upon purchase.   15.  Both Defendants retain the right to terminate the Plaintiffs and other similarly  situated individuals if either Defendant determines that the drivers are not performing their work  up to the Defendants standards.   16.  The Plaintiffs have no ability to negotiate regarding the amount of pay that they  receive for each delivery, nor do they have the right to charge any extra for more complicated  deliveries, multiple deliveries to the same location, or for complications resulting from assembly  or installation.  Indeed, the Plaintiffs have no say in the amounts charged to customers for the  services they perform.     17.  The Plaintiffs are responsible for all of their expenses associated with making  these deliveries including maintenance of vehicles, gas, cell phones, insurances, and truck  expenses.    18.  The Plaintiffs frequently work 60 hour weeks or more, however, on many  occasions, after deductions are taken from their pay and expenses are paid, the payment Plaintiffs  receive for the week is less than the Massachusetts minimum wage.   19.  In addition, the Defendants impose deductions on the Plaintiffs’ paychecks, for a  variety of matters, including alleged damage or losses, in violation of the Massachusetts Wage  Law, M.G.L. c. 149 §148.   20.  Plaintiffs Calvin Anderson and Murilo Silva have worked as delivery drivers for  the Defendants as set forth above.       22.  The named Plaintiffs bring this action on behalf of a class of individuals similarly  situated.  Specifically, they seek to represent a class of individuals comprising all individuals  who perform delivery for HDA and Sears Logistics Services, Inc. within the Commonwealth of  Massachusetts, including delivery drivers and helpers.     23.  The class is so numerous the joinder of all individuals would be impractical, and  proceeding as a class action is a superior method to prosecute this action.   24.  There are questions of both fact and law common to the class that make class  certification appropriate, including, particularly, the question of whether the Plaintiffs have been  misclassified under the Massachusetts Independent Contractor Statute, M.G.L. c. 149 §148B.   25.  The claims of the named Plaintiffs are typical of the claims of the class members,  and the named Plaintiffs and their legal counsel will adequately represent the interests of the  class.   27.  On or about December 31, 2010, Plaintiff Murilo Silva sent a letter to Defendant,  HDA, asserting certain claims, including but not limited to the claim that he had been  misclassified as an independent contractor when he was really an employee.   28.  In a letter dated January 5, 2011, a vice president of HDA wrote a letter to  Plaintiff Silva informing him that based upon his letter, and his desire to be reclassified as an  employee, he was being terminated.   29.  Following his termination, Defendant HDA refused to pay Mr. Silva the wages  owed to him for his final weeks of work.  Agents of HDA then requested that Mr. Silva sign a  release of any claims against HDA and communicated that he would not be paid the wages owed  if he did not sign the release.     30.  On or about January 19, 2011, counsel for Plaintiffs sent a letter to Plaintiff  Anderson’s supervisor at Home Delivery America, stating that Mr. Anderson was filing a  complaint regarding his misclassification with the Massachusetts Attorney General’s Office.     31.  On or about January 20, 2011, Mr. Anderson’s supervisor, Abe (last name  unknown), inquired of Mr. Anderson as to why he was pursuing legal action.  He stated that he  knew that Mr. Silva and Mr. Anderson were using the same attorney and asked him what other  employees were involved with any possible lawsuit.   32.  Following this interaction on January 20, 2011, Mr. Anderson noticed an  immediate and severe reduction in the amount of work he was receiving from HAD.  Indeed, on  four separate days he was called in for work and then sent home after being told there was no  work to give him.  On another day, he was not paid for work he performed.   34.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:    34.  As a result of the severe reduction in work he was receiving and the intimidating  interactions with managers, Mr. Anderson felt unable to continue working for HDA and was thus  forced to resign his position.  Since this resignation, HDA has refused to provide Mr. Anderson  with his final paycheck and has not returned a $2,000 security deposit.  35.  The Defendants violated M.G.L. c.149 §148, §150, and c. 151 §1 by not paying  the named and class Plaintiffs the applicable minimum wage for all hours worked.    35.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:   36.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:    36.  By misclassifying the named and class Plaintiffs as set forth herein, Defendants,  as joint employers, have violated M.G.L. c. 149 §148B.  This claim is brought pursuant to  M.G.L. c. 149 §150.  37.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:    38.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:    39.  The Plaintiffs and the class members have been deprived by the Defendants of the  fair value of their services, as described above, and are therefore, entitled to recover in Quantum  Meruit, the value of their services pursuant to the common law of Massachusetts.  40.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:   41.  The Defendants unlawfully retaliated against Plaintiff Silva in violation of G.L.  c.149 §148A by failing to pay him for his final weeks worked, refusing to return his security  deposit, and terminating him in response to his assertion of his rights under the Massachusetts  wage laws.    42.  Plaintiffs hereby incorporate paragraphs 1-34 above as if fully set forth herein,  and for a cause of action by Plaintiffs allege as follows:   7.  Within the state of Massachusetts and other New England states, the Defendant  Home Delivery America (“HDA”) provides home delivery and installation services for all Sears  stores.  When a customer goes to a Sears store and purchases furniture, large appliances, or home  fitness equipment, etc., and such customer requests home delivery, the delivery is provided  through an arrangement between the Defendant Sears Logistics Services, Inc. (“Sears Logistics”)  and HDA.   8.  In order to carry out this delivery service, Sears Logistics maintains certain  warehouses throughout Massachusetts, including a large warehouse in Westwood,  Massachusetts, where appliances, furniture, and equipment are kept.  HDA maintains an office  and supervisory personnel at these Sears Logistics warehouses for the purposes of effectuating  this home delivery.   9.  HDA purports to hire “independent contractors” not employees, to provide this  home delivery and installation service for Sears.  