Contact Us Today

Online Form

P (513) 202-0710

 
 

Heritage Partners’ Group Papa John’s Vehicle Expense Reimbursement Dispute

Delivery Drivers

On September 28, 2023, a Papa John’s employee filed suit against the Heritage Partners’ Group (“HPG”), a large franchise operator of Papa John’s stores. The lawsuit is called Mighell v. HPG Pizza, et al.

 

Read Full Case Details
 

Join This Case

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Case Details

 

The delivery driver alleges that the company under-pays its delivery drivers for the costs the drivers take on when they use their car for the company’s purposes, i.e., to make deliveries. Specifically, the drivers claim that the company reimburses a per-mile amount (ex., $0.35 per mile) that is not enough to cover the drivers’ vehicle expenses. The plaintiff alleges that this under-reimbursement results in a minimum wage or other wage and hour violation.

If you work or worked for HPG and want to learn more about the allegations made against them, please contact our firm at 513-202-0710 or by completing a contact form on this website.

 The Claims

 Under-reimbursement of Vehicle Expenses

First, the plaintiff alleges that the company does not properly reimburse for vehicle expenses.

The drivers’ position is that they must be reimbursed at the IRS standard business mileage rate (currently $.675 per mile) when the employer does not collect records of the drivers’ actual expenses and reimburse based on those records.

Even if the company is permitted to reimburse based on an “approximation,” as we expect the defendants will argue, the plaintiff alleges that the Heritage Partners’ Group Papa John’s stores have failed to “reasonably approximate.”

Plaintiff alleges that this practice violates the federal Fair Labor Standards Act and Colorado wage law.

 Unjust Enrichment

In addition, the plaintiff asserts a claim for unjust enrichment. He alleges that the HPG Pizza stores unfairly benefit by requiring their minimum wage delivery drivers to cover one of their most costly business expenses without proper reimbursement. The drivers are conferring a benefit on the company, the company is aware of the benefit, and it would be unjust for the company to retain that benefit without commensurate compensation.

Update 04-15-2024

Plaintiff filed his Reply in support of his Motion to Similarly Situated Employees. This Motion is now fully briefed. This Motion asks the Court to authorize a notice be mailed to all of HPG’s pizza delivery drivers informing them of the lawsuit and giving them the opportunity to join the case if they so choose.

If you work or worked for HPG and want to learn more about the allegations made against them, please contact our firm at 513-202-0710 or by completing a contact form on this website.

 

Update 03-25-2024

Defendants filed a response in opposition to Plaintiff’s Motion to Send Notice. Defendants argued that the Court should depart from the long-standing precedent and apply a stricter standard to Plaintiff’s Motion. Plaintiff will file a Reply in support of his Motion to Send Notice on or before April 15, 2024.

Update 02-26-2024

Plaintiff filed his Motion to Send Notice to Similarly Situated Employees. This Motion asks the Court to authorize a notice be mailed to all of HPG’s pizza delivery drivers informing them of the lawsuit and giving them the opportunity to join the case if they so choose.

If you work or worked for HPG and want to learn more about the allegations made against them, please contact our firm at 513-202-0710 or by completing a contact form on this website.

Update 01-12-2024

Defendants filed Replies in support of their Motions to Dismiss. These Motions are now fully briefed and awaiting a decision from the Court.

Update 12-26-2023

Plaintiff filed his responses in opposition to HPG’s Motions to Dismiss. Plaintiff opposed the motion to dismiss by Defendants HPG Pizza II and Rob Prange arguing that these Defendants fall under the Fair Labor Standards Act’s broad definition of “employer.  Plaintiff also filed a response opposing Defendant HPG Pizza I’s motion for partial dismissal.

Client Reviews

"I highly recommend Biller & Kimble"

     
 

They did excellent work on a class action suit I was involved with against Dominos. I was in frequent contact with Phil and he was always good in getting back to me if I had any questions about the case and recommendations about litigation.

– Ben B.

"Representation with the utmost integrity."

     
 

Andrew Kimble provides legal counsel and representation with the utmost integrity. I know this from personal experience. Also, he treated me with respect. He was thorough in explaining details of the case and always willing to answer my questions. I am extremely grateful for everything he has done for me.

– Desera S.

"Very professional and always friendly."

     
 

These guys are the best!! Very professional and always friendly and keep you updated on your case ! When I found the amount I was receiving I was very pleased! Thanks guys

– Travis J.

"They are amazing!"

     
 

Man, I didn’t realize a company was screwing up my pay. Biller and Kimble LLC were on it, and got me a nice 4 figure check that I wasn’t even expecting! They are amazing!!!

– Jarvis K.

"I definitely recommend them!"

     
 

They did a great job and got me every penny that dominos owed me! I definitely recommend them!

– Brittany K.

"[She] was such a pleasure to work with."

     
 

I’m super thankful for getting to work with Emily from Biller & Kimble. She was really helpful and explained every detail so I could understand everything that was going on with the case. She did everything for the best interest of me and was such a pleasure to work with. Thank you so much!

– Rachel H.