On January 15, 2021, Biller & Kimble, LLC filed a lawsuit on behalf of delivery drivers who work for the Alexa Enterprises Papa John’s franchisees operating in the Northern Kentucky and Cincinnati, Ohio area. The drivers’ case seeks to cover all pizza delivery drivers who worked for the Alexa Enterprises Papa John’s franchisee over the last five years.
Under-reimbursed automobile expenses
The drivers allege that they were under-reimbursed for their mileage or vehicle expenses (like gas, wear and tear, depreciation, insurance, etc.). The drivers claim that, for some of the time, the company reimbursed mileage at a flat rate per delivery and, later, the company paid a per mile rate. Either way, the drivers allege that the company paid less than the legally-required amount. The plaintiffs seek reimbursement of expenses at the IRS mileage reimbursement rate and additional damages.
“Off the Clock” claims
The drivers also allege that Alexa Enterprises Papa John’s stores have a practice of “clocking out” delivery drivers early to make deliveries. They allege that they are close to minimum wage inside the store, but a lower “tipped” minimum wage when making deliveries. However, plaintiffs allege that Alexa Enterprises’ managers “clock out” delivery drivers to their lower “tipped” wage even while they’re still inside the store completing non-tipped tasks. They seek full minimum wage for this time, as well as additional damages.
Are you a delivery driver? Biller & Kimble, LLC has extensive experience representing delivery drivers. Call us at 513-202-0710 for a free and confidential consultation with our office.
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.