On June 21, 2021, the United States District Court for the Southern District of Ohio approved a class action settlement between an 11-store LaRosa’s Pizzeria franchisee and their delivery drivers. The franchise operator owned stores in both Ohio and Kentucky.
The delivery drivers claimed that the company underpaid for “mileage”. In other words, the drivers used their own cars for work, but the reimbursement payments they received from the company were not sufficient to cover all of their driving expenses. As a result, the drivers alleged, the company was in violation of the Fair Labor Standards Act, Ohio wage law, and Kentucky wage law. The case is Mullins v. Data Management Co., et al., No. 1:20-cv-214 (S.D. Ohio).
Last week, the Court approved the settlement agreement reached between the parties. Read the full Opinion here.
The settlement will be shared by the drivers based on the number of hours they worked and the number of miles they drove. On average, after deducting attorneys’ fees and costs, the settlement will pay each delivery driver $860.78.
The settlement checks are scheduled to be mailed to the class members on July 21, 2021. If you drove for a Data Management LaRosa’s Pizzeria store but have moved since you worked there, you should contact our office to provide an updated mailing address.
The drivers’ claims in this case result from a common practice in the pizza industry: requiring drivers to provide cars to use to advance the company’s business.
Are you a delivery driver who drives their own car to make deliveries? If you believe your company might be in violation of these rules, call our office at 513-202-0710 or complete the form below for a free, confidential consultation.
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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.