Do you now or have you ever delivered pizza for Bam! Pizza, a Domino’s Pizza franchise? If so, you may be owed back wages.
In July, Biller & Kimble filed a lawsuit in Texas seeking to recover unpaid wages on behalf of Bam!’s pizza delivery drivers in Texas, New Mexico, and Colorado. To learn more or to join the case, contact our firm by completing the contact form at the bottom of this page.
The plaintiff’s claims are far too common in the pizza delivery industry. The delivery driver claims he and other drivers have been denied minimum wage because they are required to provide cars to use at work and are not properly reimbursed for the expenses associated with operating their car. Because the workers are paid at or close to minimum wage, any “under-reimbursement” is likely to trigger a violation of the minimum wage laws.
The plaintiff asserts that Bam! was required to either (1) track and pay delivery drivers’ actual expenses, or (2) reimburse the drivers at the IRS standard business mileage rate, which is currently $.56 per mile. The plaintiff claims that Bam! did neither.
Many pizza employers claim they have a third option in addition to tracking and paying actual expenses or reimbursing at the IRS rate: they claim they can “reasonably approximate” the drivers’ expenses and still comply with the law. While we believe this is an incorrect interpretation of the law that places too much discretion in the hands of employers, we also allege that the company has failed to meet even the industry’s preferred “approximation” standard.
The plaintiff seeks to recover the difference between the IRS rate and the reimbursement payments the company paid for each mile driven. The current IRS reimbursement rate for business-related travel is $0.56 per mile. So, for example, if a delivery driver was only reimbursed $0.25 per mile, that driver is potentially owed $0.31 for each mile driven on behalf of the company, plus potentially an additional 1x that amount in liquidated damages under federal law. This money can add up quickly.
Have you driven for Bam! Pizza? Contact our firm to learn if you have a claim for unpaid wages. You can call at us 513-202-0710 or complete the form below for a free and confidential case evaluation. The lawyers at Biller & Kimble have extensive experience representing employees in situations like this and can advise you about your options.
Do you think you have signed an arbitration agreement with Bam? Even if you did, you still might have a strong claim for damages. “Arbitration” is a private court-like process where the parties’ dispute is supposed to be resolved more quickly and quietly. In many ways, arbitration gives the workers an advantage. You can learn more about those advantages by clicking here: What is a “pizza delivery driver arbitration”?