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Federal Lawsuit Filed Against Toppers Pizza Franchisee

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Updated: Oct 28, 2020

A former Topper’s Pizza delivery driver has sued the franchise that operates four Toppers Pizza locations in Wisconsin. The driver is seeking unpaid wages and damages for the company’s alleged failure to fully reimburse delivery drivers for automobile expenses incurred delivering pizzas.

The lawsuit is similar to other “pizza delivery driver lawsuits” that have been filed throughout the country in recent years. The plaintiff claims:

(1) Toppers delivery drivers use their own cars to make deliveries.

(2) Toppers delivery drivers are paid minimum wage, or close to it, for the hours they work for Toppers.

(3) Toppers delivery drivers receive some amount of money as reimbursement for their automobile expenses (i.e., gas, insurance, wear and tear, and repairs), but the plaintiff claims the money they receive is not enough.

Specifically, the plaintiff claims that the company is required to either keep track of and reimburse for the delivery drivers’ actual expenses, or reimburse at $.575 per mile, which is the current IRS standard business mileage rate. Instead of taking either of these options, the plaintiff claims that Toppers reimburses some lesser amount, usually between $.28 and $.33 per mile.

By failing to fully reimburse their delivery drivers, the plaintiff claims that Toppers is taking a “kick back.” Because the automobile expenses are for the primary benefit of the business, Toppers must fully reimburse for them. The plaintiff claims that their reimbursement policy falls short.

The plaintiff seeks the difference between the IRS rate and the rate that the company actually paid for reimbursement as damages in this case. In addition, the plaintiff will seek additional damages under federal and state law.

The lawsuit also asserts that the company failed to meet the requirements for taking a “tip credit” from the delivery drivers’ wages.

Are you a pizza delivery driver in Wisconsin? You may have been under-reimbursed while making deliveries, which means you could be owed back wages and additional damages under federal and state law. A consultation with our office is free, confidential, and only takes a few minutes. Call us at 513-901-8130 to speak with one of our wage and hour attorneys!


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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.