On August 1, 2022, a Papa John’s employee filed suit against Yas Partners EV, Inc. and a variety of related entities, which operate a number of Papa John’s stores. The lawsuit is called Zurek v. Yas Partners EV, Inc. et al.
Yas Partners EV, Inc. and the related entities operate Papa John’s in Illinois. The plaintiff, a former Papa John’s driver, seeks to represent all Yas Partners EV, Inc. delivery drivers in federal court in a lawsuit seeking unpaid wages. Plaintiff claims that the Papa John’s franchisees broke the law by underpaying their delivery drivers for automobile expenses.
Like many similar pizza delivery drivers around the country, the plaintiff argues that he and other drivers should have been reimbursed for his vehicle expenses at the IRS standard business mileage rate, which is currently $.625 per mile. Plaintiff argues the delivery drivers are entitled to this reimbursement rate because the franchisee did not keep records of, or reimburse, delivery-driver employees based on the drivers’ actual expenses. Because of this, the plaintiff claims that his and the other delivery drivers’ effective wages fell below minimum wage.
In addition to claiming that their wages fell below the federal minimum wage, the plaintiff alleges that the franchisee violated state and county minimum wage laws. In Illinois, the minimum wage for tipped employees in is currently $7.20 per hour. Certain counties, such as Cook County where the plaintiff worked, require employers to pay a higher hourly rate to tipped employees (currently $7.40 per hour.) The plaintiff alleges that the pizza company violated all three laws by failing to reimburse him properly for the costs associated with using his vehicle. If the plaintiff prevails, the delivery drivers can recover their unpaid wages, plus additional damages and their attorneys’ fees and costs.
If you are a delivery driver who has worked at this or any other pizza company around the country, contact our firm to find out if you might be owed unreimbursed expenses. We can explain the process you can go through to get those expenses back. Give us a call at (513) 428-8689 or fill out the form below for a free consultation.
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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.