We’re excited to share another significant development in the case of Luke Myers v. Papa Texas, LLC. On March 18, 2026, U.S. District Judge David Herrera Urias of the District of New Mexico granted conditional certification of an FLSA collective action—a major step forward that opens the door for delivery drivers across New Mexico and Texas to join the lawsuit and recover unpaid wages. This win builds on the momentum from our February 2026 victory at the Tenth Circuit, where we successfully defeated Papa Texas’s attempt to force the case back into arbitration after the company defaulted on its own arbitration obligations.
What Is Conditional Certification and Why Does It Matter?
The Fair Labor Standards Act (FLSA) allows workers to bring “collective actions”—lawsuits where similarly situated employees can band together to pursue claims against a shared employer. But before that can happen, a court must “conditionally certify” the collective, which means finding that there is a reasonable basis to believe other workers were subjected to the same unlawful pay practices.
Conditional certification is a critical milestone. It means the court-authorized notice process can begin—drivers who may not even know they have a claim will soon receive official notice of the lawsuit and their right to join. Every driver who opts in becomes a party to the case with the ability to recover their own unpaid wages.
Who Is Covered?
The Court certified the following collective:
All current and former pizza delivery drivers alleged to have been employed by Papa Texas, LLC and Guillermo Perales in New Mexico and Texas from December 20, 2020 through March 16, 2026.
If you worked as a delivery driver for a Papa John’s location in New Mexico or Texas at any point during that time period, this case may involve you.
What Happens Next?
Under the Court’s Order, Papa Texas and Guillermo Perales must provide contact information—names, mailing addresses, and email addresses—for all drivers who fall within the collective within 21 days. Our team will then send official court-authorized notice by both first-class mail and email. Drivers will have 60 days from the initial mailing to return a signed consent form and join the case.
The Court also granted our motion for equitable tolling of the FLSA statute of limitations. This means the clock on drivers’ claims was paused during the period from December 20, 2023 through March 16, 2026—an important protection that ensures drivers don’t lose out on wages they’re owed simply because the legal process took time.
The Bigger Picture
This case has been a long time coming. Luke Myers first brought his claims on behalf of himself and other delivery drivers who were not properly reimbursed for vehicle expenses—costs like gas, wear and tear, and maintenance that Papa Texas was required by law to cover—in May of 2023. When employers fail to adequately reimburse drivers for these expenses, it can effectively push their take-home pay below the federal minimum wage.
Papa Texas tried to bury those claims in arbitration—and then failed to pay the fees required to keep the arbitration going. The Tenth Circuit affirmed that Papa Texas forfeited its right to enforce the arbitration agreement as a result. Now, with conditional certification granted, the case is moving full speed ahead in federal court, where drivers have access to discovery, collective action procedures, and the right to a jury trial.
We’re proud to stand alongside Luke Myers and the many drivers who deserve to be paid fairly for their work. This isn’t just about one case—it’s about holding employers accountable when they shortchange the workers who keep their businesses running.
Are You a Delivery Driver Who Worked for Papa Texas?
If you worked as a delivery driver for Papa Texas, LLC (Papa John’s), you may be entitled to join this lawsuit and recover unpaid wages. Contact Biller & Kimble today for a free consultation—we’re here to help.
Stay tuned to our blog for updates as this case continues to move forward.
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ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.