Contact Us Today

Online Form

P (513) 202-0710

 
 

MP2 Enterprises, LLC Pizza Hut Vehicle Expense Reimbursement Dispute

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 does not pay the delivery drivers’ actual expenses, and instead reimburses a per-mile amount (ex., $0.37 per mile) that is not enough to cover the drivers’ vehicle expenses. The plaintiff alleges that the failure to pay the drivers’ actual costs and low-ball estimate of expenses results in a minimum wage or other wage and hour violation.

If you work or worked for MP2 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 for their actual vehicle costs. To do so, the employer would need to collect records of the drivers’ actual expenses, including the purchase price, maintenance and repair costs, insurance and tax costs, and account for things like depreciation. When an employer has not done that, the Department of Labor’s enforcement policy utilizes the IRS standard business mileage rate to evaluate the employer’s pay practices. (currently $.67 per mile).

Plaintiff alleges that instead of paying the drivers’ actual costs, it chose a low-ball estimate of vehicle expenses and paid each driver the same rate regardless of the actual costs incurred. Plaintiff’s argue that this practice violates the federal Fair Labor Standards Act and relevant state wage law.

 Unjust Enrichment

In addition, the plaintiff asserts a claim for unjust enrichment. She alleges that the MP2 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 05-15-2024

Shortly after initiating the lawsuit, the Plaintiff asked the Court to send notice to other similarly situated delivery drivers pursuant to the FLSA’s collective action mechanism. The Defendants later agreed that notice should be sent, and the parties stipulated to sending notice. On May 15, 2024, the Court granted the parties’ stipulation and ordered the Defendants to produce the names and addresses of employees who qualify to join the case. Once the contact information has been sent, a Notice of Opportunity to Join will be sent to all employees eligible to join. The Court-approved Notice includes details regarding eligible employees’ options, the allegations made in the lawsuit, and other relevant details. The employees will have 60 days from the date of sending notice to join the lawsuit.

If you work or worked for MP2 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.

 

 

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.