Delivery drivers working for a local logistics company claim they were not paid overtime wages as required by federal law, according to a recently filed court complaint. The legal action was brought by Tyrese Bryant and Rodney Pierce on April 14, 2026, in the United States District Court for the Middle District of Georgia against SDS Logistics Corp and its CEO Jonathan Gerdes.
The plaintiffs allege that SDS Logistics Corp, which contracts with larger companies such as FedEx to provide delivery services in Athens, Georgia, failed to compensate them properly for hours worked beyond forty per week. According to the complaint, “Defendants did not compensate Plaintiffs with overtime pay for the hours in excess of forty that they worked in these weeks.” Instead, drivers were allegedly paid a flat daily rate regardless of how many hours they worked each week.
The complaint outlines that both Bryant and Pierce were employed as delivery drivers at the FedEx terminal located at 1655 Olympic Park Drive in Athens. It is stated that during their employment with SDS Logistics Corp, “Plaintiffs have regularly worked over forty hours per week.” However, rather than receiving time-and-a-half pay for overtime as required by the Fair Labor Standards Act (FLSA), their compensation remained fixed. For example, Plaintiff Bryant reportedly worked six days during the pay period from September 6 to September 12, 2025—totaling more than forty hours—but received only his standard daily rate multiplied by six days.
The filing asserts that this payment structure was enforced and explained by Defendant Jonathan Gerdes when hiring both plaintiffs. The document states: “Defendant Gerdes explained this method of compensation to both Plaintiff Bryant and Plaintiff Pierce when they were hired at SDS.” Furthermore, it alleges that when Plaintiff Bryant raised concerns about not being paid overtime on multiple occasions, “Defendant Gerdes responded by stating that he would not be changing his pay structure.”
According to the complaint, Gerdes had significant control over company operations including assigning delivery routes, negotiating contracts on behalf of SDS Logistics Corp, and having authority over hiring and firing employees. The plaintiffs argue that this level of control makes Gerdes individually liable for the alleged wage violations.
The legal claim centers on alleged violations of the Fair Labor Standards Act. Specifically, the FLSA requires employers to pay non-exempt employees one-and-one-half times their regular rate for all hours worked over forty in a workweek. The plaintiffs allege: “At all times within three years of the filing of this Complaint, Defendants willfully failed to properly compensate Plaintiff Bryant, Plaintiff Pierce, and similarly situated current and former delivery drivers for overtime.” They further claim that these actions constitute a pattern of willful violation under federal law.
Bryant and Pierce are seeking to represent not only themselves but also other current and former delivery drivers who were paid under similar terms at SDS Logistics Corp. The proposed collective action class is defined as “All delivery drivers who worked for Defendant SDS Logistics Corp who were not paid all overtime for all hours worked over 40 in a workweek because they were paid a flat daily rate.” The plaintiffs request that notice be sent out so similarly situated employees can join the case.
In terms of remedies sought from the court, plaintiffs ask for back pay equal to lost wages or benefits due to alleged unlawful acts; liquidated damages; statutory damages; interest; attorneys’ fees; costs associated with bringing the suit; an order designating this case as a collective action; prompt issuance of notice to potential class members; and any additional relief deemed just by the court.
Attorneys James M. McCabe (Georgia Bar No. 724618) and Graham White (Georgia Bar No. 535538) from The McCabe Law Firm LLC represent the plaintiffs in this matter. The case is identified as Civil Action File No. 3:26-cv-00041-TES.
Source: 326cv41_Tyrese_Bryant_v_Sds_Logistics_Complaint_Middle_District_of_Georgia.pdf
