On September 27 th , 2023, a pizza delivery driver at a Nevada Pizza Hut location filed a class action lawsuit against MP2 Enterprises, LLC and its owners seeking to recover unreimbursed vehicle expenses for the company’s delivery drivers. She seeks to represent all the delivery drivers at the company’s Pizza Hut locations in the class/collective action. The case is currently pending in the District of Utah.
The Fair Labor Standards Act (“FLSA”) covers more than 143 million American workers and requires employers to pay these workers a minimum hourly wage, as well as pay time and a half for all hours over 40 in a given work week. Unfortunately, violations of the FLSA are frequent. According to 2017 report from the Economic Policy Institute, about 15 billion dollars are stolen annually from workers nationwide through minimum wage violations. [1] This amount is more than the value of all property crimes committed in the United States. [2]
On July 13, 2023, a pizza delivery driver at a Minnesota Pizza Hut location filed a class action lawsuit against Comes Investments, Inc. and its owners seeking to recover unreimbursed vehicle expenses for the company’s delivery drivers. She seeks to represent all of the delivery drivers at the company’s Pizza Hut locations in the class/collective action. The case is currently pending in the Southern District of Iowa.
Biller & Kimble has filed a lawsuit on behalf of a pizza delivery driver in Illinois against one of Pizza Hut’s largest franchisees, the Hut American Group. The plaintiff worked for Pizza Hut in Springfield, Illinois, but seeks to represent all drivers nationwide who have worked for Hut American within the last three years.
On August 30 th , the Department of Labor (DOL) announced their plans to update and revise regulations under the Fair Labor Standards Act (FLSA) pertaining to low-income salaried employees. Specifically, the DOL is planning to increase the salary threshold for previously exempted employees, increasing their access to minimum wage and overtime protections found in the FLSA.
Biller & Kimble negotiated a settlement on behalf of current and former Domino’s Pizza delivery drivers working for 21 GBR Pizza, Inc., franchisee stores located in North Carolina.
Biller & Kimble, LLC has filed a federal lawsuit on behalf of a hairstylist who worked for Lady Jane’s Haircuts for Men. The plaintiff worked as a hairstylist for Lady Jane’s in Ohio and Florida. Her lawsuit claims that she was improperly classified as an independent contractor. She contends that, because Lady Jane’s controlled numerous aspects of her working conditions, she was actually an “employee.” Based on her claim that she was an “employee,” she claims she was entitled to receive (among other things) minimum wage and overtime wages.
On June 9, 2023, a pizza delivery driver at Pizza Luce, a Minnesota-based pizza restaurant, filed a class action lawsuit against the company and its owners seeking to recover unreimbursed vehicle expenses. This lawsuit is named Norton v. Pizza Luce, Inc. She seeks to represent all of the delivery drivers at the company’s nine locations in federal court.
On May 3, 2023, a delivery driver at a Jimmy John’s in Lincoln, Nebraska filed a class action lawsuit against his employers, Bacus Foods Corp., BFCJJS106, LLC, Brandt Bacus, and Jared Bacus, for unpaid wages. The defendants operate Jimmy John’s stores in Nebraska, Kansas, Colorado, and Arizona.
On May 19, 2023, the Sixth Circuit issued its long-awaited decision in Clark/Holder v. A&L Homecare and Training Center, LLC . Biller & Kimble co-authored an amicus brief in the case on behalf of the Ohio Associate for Justice (formerly, the Ohio Trial Lawyers Association).
