On December 11, 2023, a former delivery driver filed suit against Papa Texas, LLC, a large franchise operator of Papa John’s Pizza stores. The lawsuit is called Myers v. Papa Texas, LLC, and is pending in the United States District Court for the District of New Mexico.
Papa Texas, LLC operates hundreds of Papa John’s stores across the country, including in New Mexico and Texas. The plaintiff, a former delivery driver who seeks to represent all Papa Texas’s delivery drivers in federal court, claims that Papa Texas broke the law when they underpaid drivers for automobile expenses. He seeks to represent other drivers who have been treated the same way he has been.
The lawsuit alleges that Papa Texas was required to keep track of and reimburse for the drivers’ actual vehicle expenses. Because Papa Texas did not do so, Plaintiff alleges that he and other drivers may prove their damages by reference to the IRS standard business mileage rate, which is currently $.70 per mile.
The driver claims that the Papa John’s franchise operators failed to meet this standard. Because of the underpayment, the driver claims that their effective wages dropped below minimum wage. Instead of using the IRS rate, the driver claims that the Papa John’s franchise operators reimburse a set, flat amount per delivery that falls far short of the IRS rate.
Are you a delivery driver who uses their own car for work? Our firm has helped thousands of delivery drivers recover back wages from the pizza companies they work for. The consultation is free, confidential, and only takes a few minutes. Complete the form below or call us at 513-202-0710 to get started.
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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.