Biller & Kimble is proud to announce that a federal court in Dayton has approved a $1.5 million settlement to be shared by the delivery drivers who worked for five Dayton-area Jet’s Pizza stores from November 22, 2016 to August 31, 2020.
Each class member’s award will vary based on the number of hours they worked during the relevant time period. On average, the delivery drivers will receive over $5,000.00 per person.
The delivery drivers at these Jet’s Pizza franchises were required to provide their own vehicles in order to make deliveries for the company. Instead of reimbursing drivers’ vehicle expenses at the IRS standard business mileage rate (for example, $.58 per mile in 2019), the company reimbursed the drivers at a set amount per delivery.
Waters v. Pizza to You was filed on November 22, 2019, alleging that the company’s reimbursements failed to fully compensate the delivery drivers for their vehicle expenses, resulting in the drivers “kicking back” pay to the company, causing drivers to make less than the minimum wage.
The drivers claimed that this practice resulted in numerous violations of Ohio and Federal law.
During the course of the case, Biller & Kimble successfully argued that minimum wage delivery drivers are entitled to the IRS rate as a matter of law, and that class certification of these claims was appropriate.
As a result, we achieved an outstanding settlement. After subtracting attorneys’ fees and costs, the class members will receive approximately 117% of their unpaid wages. Courts have previously recognized settlements for one-third of employees’ wages as well-above average.
This case is just one of many class action lawsuits that Biller & Kimble have successfully settled on behalf of pizza delivery drivers, unfortunately under-reimbursement is a common practice in the pizza industry.
If you are a delivery driver using your own car to make deliveries for the pizza industry, contact our firm for a free and confidential consultation. We can help you understand your wage rights and determine if we are able to represent you.
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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.