This lawsuit was filed on January 14,2022, on behalf of pizza delivery drivers who worked for any of the company’s locations between January 14, 2019 through the present.
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The Claims
The lawsuit asserted claims that are all too common in the pizza industry. This lawsuit, and similar lawsuits and arbitrations, alleges that the Papa John’s franchise owned by Defendants Déjà vu and Harold Rose 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 delivery amount 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.
Unreimbursed for Vehicle Costs
First, Plaintiff claims that the delivery drivers at Defendants’ Papa John’s stores were not adequately reimbursed for the costs associated with using their own vehicles to perform work for Déjà Vu. Throughout the relevant time, Déjà Vu Pizza reimbursed drivers a set amount per delivery that resulted in the drivers being paid somewhere between $0.125 and $0.208 per mile.
Biller & Kimble has successfully argued in a number of cases that employers have two choices when reimbursing for vehicle expenses: they can either (1) keep records of the drivers’ actual expenses and reimburse for them, or (2) reimburse at the IRS standard business mileage rate, which changes every year and is currently 65.5 cents per mile.
Learn more about the drivers’ “under-reimbursement” claim here: Pizza Delivery Driver Lawsuit Attorneys .
Paid Tipped Wage Rate for Hours Worked Inside Restaurant
Second, the plaintiff claimed that the drivers were paid a “tipped wage rate” (less than minimum wage) for hours they worked inside the restaurant. Because the drivers were not receiving tips for work done in the store, the plaintiff claimed that it was illegal for the company to pay them a tipped wage rate for these hours.
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Update 12/15/23: Defendants filed a Reply brief in support of their Motion to Partially Dismiss the Amended Complaint. This issue is now ripe for the Judge to rule. This does not ultimately affect the current position of the case or any delivery driver’s ability to join. Plaintiff will file a Response opposing the Motion for Partial Dismissal. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 12/6/23: Plaintiff filed a brief opposing Defendants’ Motion to Partially Dismiss the Amended Complaint. Defendants shall have until December 15, 2023 to file their Reply brief in support of their Motion. The issue will then be ripe for the Judge to rule. This does not ultimately affect the current position of the case or any delivery driver’s ability to join. Plaintiff will file a Response opposing the Motion for Partial Dismissal. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 11/15/23: Some of the Defendants who were added with Plaintiff’s First Amended Complaint filed a Motion to Dismiss the claims against them. This does not ultimately affect the current position of the case or any delivery driver’s ability to join. Plaintiff will file a Response opposing the Motion for Partial Dismissal. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 11/9/23: The Court entered an Order adjusting the case schedule to account for the fact that Plaintiff filed an Amended Complaint and because the Court has not yet ruled on Plaintiff’s Motion to Send Notice and for Class Certification. The Amended Case Schedule sets the following deadlines:
If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 10/4/23: Plaintiff filed her First Amended Complaint. The Amended Complaint adds entities that are owned by Harold Rose and that operate his Papa John’s Pizza stores in North Dakota, South Dakota, Utah, Arizona, Wisconsin, and Idaho. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 10/3/23: Plaintiff filed her Reply in support of the Motion to Send Notice and for Class Certification. That Motion is now fully briefed and awaiting the Court’s decision. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 9/29/23: The Court granted Plaintiff’s Motion to Amend the Complaint. The Amended Complaint adds entities that are owned by Harold Rose and that operate his Papa John’s Pizza stores in North Dakota, South Dakota, Utah, Arizona, Wisconsin, and Idaho. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 9/5/2023: Defendants filed a response in opposition to Plaintiff’s Motion to Send Notice and for Class Certification. Plaintiff will file a Reply in support of the Motion. If you are interested in learning whether you are eligible to join this case, contact our office at 513-202-0710.
Update 7/27/2023: Plaintiff filed a renewed Motion to Send Notice to other delivery drivers who worked for Papa John’s Pizza stores owned by Harold Rose and/or Deja Vu Pizza. This Motion asks the Court to authorize a notice be mailed to all delivery drivers that worked for Harold Rose/Deja Vu informing them of the lawsuit and giving them the opportunity to join the case if they so choose. This Motion also asked the Court to certify a class action on behalf of all the delivery drivers who worked in Wisconsin. If you worked for Harold Rose and/or Deja Vu as a delivery driver within the last three years, you should be on the lookout for a notice in the mail or via email. If you have questions in the meantime, feel free to call our office at 513-202-0710.