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Biller & Kimble Seeks Approval of $1 Million Settlement with Jimmy John’s Franchise

 
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On May 6, 2020, Biller & Kimble filed a Motion for Preliminary Approval of a settlement agreement that, if approved, will pay $1 million to the delivery drivers who worked at the seven (7) Jimmy John’s restaurants in the Dayton, Ohio area.

The case, Arp v. Hohla & Wyss, et al., was filed back in 2018. The Plaintiff made three basic claims:

Under-reimbursement of mileage: the drivers alleged that Jimmy John’s did not reimburse at all for automobile expenses until 2017, and, since then, have reimburse at a rate far less than the IRS rate.

Overtime violations: the drivers alleged that Jimmy John’s sometimes required them to work more than 40 hours per week, but paid the drivers on separate paychecks, such that none of the hours the drivers worked were treated as overtime hours.

Tipped Wage claim: the drivers alleged that Jimmy John’s paid them a tipped wage rate for hours when they were not receiving tips.


Biller & Kimble has successfully represented pizza delivery drivers and other workers in wages and hour cases throughout the country.


Rather than proceeding to trial, the parties agreed to settle for $1 million.

Under the terms of the settlement, each class member will receive a share of the settlement based on the number of hours they worked for the company. Also, from the settlement fund, Biller & Kimble requested 1/3 of the settlement as attorneys’ fees, reimbursement of advanced costs, and an incentive award of $10,000 for the named plaintiff.

Because the delivery drivers’ unpaid wages were approximately $500,000, the class members should receive more than their unpaid wages even after attorneys’ fees and costs are deducted.

The next step is for the Court to determine whether preliminary approval is warranted. Specifically, the Court must evaluate whether the settlement is fair, reasonable, and adequate. If the Court grants preliminary approval, a Notice of Settlement will be distributed to the class, explaining the settlement and giving the class members an opportunity to opt out of or object to the settlement. After the Notice period, the Court will decide whether to grant final approval of the settlement.

Are you a delivery driver? You may be owed back wages for the same reasons. Contact Biller & Kimble for a free consultation by competing the form below.