This lawsuit was filed on March 27,2020, on behalf of Hungry Howie’s delivery drivers who worked for any of the company’s locations between March 27, 2017 through the present.Read Full Case Details
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This lawsuit was filed on March 27, 2020, on behalf of Hungry Howie’s delivery drivers who worked for any of the company’s locations between March 27, 2017 through the present.
The lawsuit asserted claims that are all too common in the pizza industry.
First, the plaintiff claimed that the drivers were not adequately reimbursed for the costs associated with using their own vehicles to perform work for Battle Creek. Throughout the relevant time, Battle Creek Pizza reimbursed drivers a flat rate per delivery that resulted in the drivers being paid $1.00 per order delivered.
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 62.5 cents per mile.
Learn more about the drivers’ “under-reimbursement” claim here: Pizza Delivery Driver Cases.
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.
On April 28, 2022, the Judge assigned to this case, the Honorable Janet T. Neff granted our motion and ruled that pizza delivery drivers who use their own cars to make deliveries are entitled to be reimbursed at the IRS standard business mileage rate, which is currently $.625 per mile, if the pizza industry employers do not keep records of their delivery drivers’ actual automobile expenses.
Read the full Opinion here.
Battle Creek appealed Judge Neff’s ruling to the Sixth Circuit Cour of Appeals. Battle Creek argued that the law allows them to “reasonably approximate” the drivers’ expenses and still meet the minimum wage requirements rather than pay the drivers the IRS rate.
Update 08/21/2023: The appeal briefing is now complete, and Oral Arguments will take place before the 6th Circuit Court of Appeals on October 18, 2023.
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!
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