Our firm has filed multiple lawsuits and arbitrations against the Hallrich Pizza Hut franchise. The cases all make the same basic allegation: the company’s policy of requiring delivery drivers to provide cars to use at work, and failure to fully reimburse for the costs of those cars, results in a wage violation.
The Hallrich franchise operates over 100 Pizza Hut stores in Ohio, Pennsylvania, West Virginia, and Indiana. The franchise is operated by Hallrich Incorporated and North Coast Pizza, Inc.
Our firm first filed suit against Hallrich in September 2018, in a case called Jefferis v. Hallrich Incorporated, et al., No. 1:18-cv-687 (S.D. Ohio). In that case, the court ordered that the delivery drivers were required to pursue their claims through individual arbitration.
In the years since Jefferis, our firm has settled claims for multiple other delivery drivers at Hallrich through arbitration proceedings. Learn more about what “arbitration” means here.
Most recently, in November 2021, our firm filed another class action lawsuit against the Hallrich Pizza Hut stores. Dimidik v. Hallrich incorporated, et al., No. 3:21-cv-306 (S.D. Ohio). You can read the complaint here.Read Full Case Details
"*" indicates required fields
This lawsuit, and the similar lawsuit and arbitrations asserted against the Hallrich Pizza Hut stores before it, alleges that the franchise under-reimburses its delivery drivers for the costs the drivers incur 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 (often around $.30 per mile) that is not enough to cover the drivers’ vehicle expenses. This alleged under-reimbursement results can result in a minimum wage or other wage and hour violation.
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 Hallrich Pizza Hut stores have failed to “reasonably approximate.”
Second, the plaintiff alleges the company failed to properly claim a “tip credit” against the minimum wage because they failed to actually pay the wage rate they promised to pay, after accounting for under-reimbursement expenses.
In addition to under-reimbursed expenses, the drivers claim they are entitled to the difference between full minimum wage and the “tipped wage rate” the employer claimed to pay, because the company failed to actually pay that tipped wage rate. For example, if a driver was paid $5.00 per hour on the road in a state where minimum wage was $7.25, they would be entitled to $2.25 for each hour worked ($7.25-$5.00=$2.25) if the plaintiff prevails on this claim.
Third, the plaintiff asserts a claim for “unjust enrichment”. She alleges that the Hallrich Pizza Hut 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.
On July 14, 2023 Biller & Kimble secured an individual settlement on behalf of a Hallrich, Inc., pizza delivery driver.
On December 29, 2022 Biller & Kimble secured an individual settlement on behalf of a Hallrich, Inc., pizza delivery driver.
On December 8, 2022 Biller & Kimble secured an individual settlement on behalf of a Hallrich, Inc., pizza delivery driver.
On December 1, 2022 Biller & Kimble secured six individual settlements on behalf of Hallrich, Inc., pizza delivery drivers.
As we expected, Hallrich made a motion with the court asking to dismiss this case because, according to them, the plaintiff has signed a valid and enforceable arbitration agreement.
On March 10, 2022, Biller & Kimble filed our opposition to the company’s request. In it, we explained how forced arbitration conflicts with the purposes of the minimum wage laws and results in an unfair process for low-wage workers. Read our complete response brief here.
Now, the court will decide whether the case can proceed in court or whether it must go to arbitration.
Let us know what you think! Should companies be allowed to require employees to waive their right to a jury trial as a condition of employment?
On September 17, 2021 Biller & Kimble secured an individual settlement on behalf of a Hallrich, Inc., pizza delivery driver.
On July 20, 2021 Biller & Kimble secured an individual settlement on behalf of a Hallrich, Inc., pizza delivery driver.
On December 17, 2020 Biller & Kimble secured an individual settlement on behalf of a Hallrich, Inc., pizza delivery driver.
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.
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.
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.
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.
They did a great job and got me every penny that dominos owed me! I definitely recommend them!
– Brittany K.
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.