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This lawsuit was filed on October 6, 2021 on behalf of Pizza delivery drivers who worked for any of the GBR Pizza, Inc. locations since October 31, 2019.
The Claims
The lawsuit asserted claims that are all too common in the pizza industry.
Unreimbursed for Vehicle Costs
First, the plaintiff claimed that the drivers were not adequately reimbursed for the costs associated with using their own vehicles to perform work for the GBR Pizza Domino’s stores Throughout the relevant time GBR Pizza reimbursed their delivery drivers with a per-mile reimbursement payment.
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.
Paid Tipped Wage Rate for Hours Worked Inside Restaurant
Second, the plaintiff claimed that the Domino’s stores failed to properly take a tip credit from the Plaintiff’s wages and the wages of similarly situated employees because, after accounting for unreimbursed expenses, the stores have paid delivery drivers a lower wage rate than they informed the delivery drivers would be paid.
The Settlement
The Parties attended a mediation in July 2022. During the mediation, Biller & Kimble negotiated a settlement of $950,000 for the Pizza delivery drivers who worked for any of the GBR Pizza, Inc. locations from October 31, 2019 through July 22, 2022. BK moved for preliminary court approval on 09/16/2022. The Court entered an order approving the settlement on April 26, 2023.