Plaintiff filed her Motion to Send Notice to Similarly Situated Employees. This Motion asks the Court to authorize a notice be mailed to all of Bam!’s pizza delivery drivers informing them of the lawsuit and giving them the opportunity to join the case if they so choose.
Lawsuit filed against Bam! Pizza Management.
Biller & Kimble first sued Bam! Pizza Management in October 2021, in a case called Wright, et al. v. Bam! Pizza Management, et al., No. 3:21-cv-1655 (N.D. Texas). But, shortly after the case was filed, Bam! Informed us that the named plaintiff in that case had signed an “arbitration agreement” with a class action waiver. Learn more about arbitration agreements here.
In March of 2022, our firm filed another class action lawsuit against the Bam! Pizza Management stores. This case was filed in New Mexico. West v. Bam! Pizza Management, et al., No. 1:22-cv-00209-LF-JHR (D. New Mexico).
In addition to these two lawsuits, our firm is also pursuing multiple individual arbitrations on behalf of pizza delivery drivers against Bam!
If you work or worked for Bam! 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.
West v Bam!, like the many similar pizza delivery driver lawsuits around the country, 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-deliver amount (ex., $1.00 per delivery) 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.
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 $.585 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 Bam! Pizza Management Domino’s stores have failed to “reasonably approximate.”
Plaintiff alleges that this practice violates the federal Fair Labor Standards Act and New Mexico Minimum Wage law, NM Stat. §50-4-21, et seq.
In addition, the plaintiff asserts a claim for unjust enrichment. She alleges that the Bam! Pizza Management 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.
ADVERTISING ONLY: The information on this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.