On November 9, 2022, the Northern District of Ohio approved a settlement in the amount of $250,000 for 194 pizza delivery drivers who worked for Romeo’s Pizza, Inc., a small Pizza franchisee operating 6 stores across Northern Ohio under the entities Spackler, Smails, and Noonan Pizza Company, The Summer of George Pizza Company, LLC; and I Don’t Always Eat Pizza Company, LLC.
The settlement will be shared by the 194 delivery drivers based on the miles they drove for Romeo’s within the relevant time frame. After deducting attorney’s fees, expenses, and a $5,000 incentive award for the class representative, each driver will receive an average award of $758.00 (many drivers will receive more and many will receive less based on the amount of on-road delivery hours worked).
From here, checks are set to be mailed to the drivers by December 19, 2022. Class members who have moved since joining the case should make sure to contact our office to update their address.
Branning v. Romeo’s was filed on September 11, 2019, alleging that the company inadequately reimbursed their delivery drivers for their delivery and driving-related expenses. Instead of paying the drivers at the IRS standard business mileage rate ($.625 per mile) the company reimbursed the drivers at a set amount per delivery. The drivers claimed that company’s overall pay policies put them in violation of the Fair Labor Standards Act and the Ohio Wage Laws.
Biller & Kimble have successfully argued that pizza industry employers are required to reimburse their delivery drivers by either collecting records of the driver’s actual expense and reimburse for those expenses or they can reimburse at the IRS standard business mileage rate, which is currently $.625 per mile. This is one of many class action lawsuits that our firm has settled on behalf of pizza delivery drivers across the country. To learn more about our settlements, check out our Victories page.
If you are a pizza delivery driver who uses their personal vehicle for work, contact our firm today for a free and 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.