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Delivery Drivers Sue 5 Star Pizza, LLC for Unpaid Wages

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Updated: Sep 11, 2020

Biller & Kimble, LLC has filed a federal lawsuit against 5 Star Pizza, LLC on behalf of one of our clients. The lawsuit seeks under-reimbursed delivery expenses and unpaid minimum wages for all 5 Star pizza delivery drivers.

The lawsuit claims that pizza delivery companies must keep records of their minimum wage drivers’ actual expenses (like gas, insurance, wear and tear, and repairs) and pay the drivers for those expenses. If a company does not, and many companies don’t, then the Department of Labor’s Enforcement Handbook instructs companies to reimburse delivery drivers at the IRS business mileage rate ($0.58 per mile in 2019). The lawsuit claims that 5 Star Pizza did neither. As a result, our client is seeking the full amount of the under-reimbursement per mile at the IRS rate, plus additional damages under federal and state law.

The drivers’ damages can add up quickly. For example, a delivery driver in Ohio who drives 10,000 miles in 2019 and is reimbursed $.25 per mile could be entitled to about $3,300 in unpaid wages. On top of that, they could be entitled to an additional 3x those unpaid wages under federal and state law.

Are you a delivery driver who has been under-reimbursed while making deliveries for 5 Star Pizza? You are not alone. You may be owed back wages and additional damages under federal and state law. Contact BK for a free 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.