Updated: Sep 11, 2020
Biller & Kimble, LLC has filed a federal lawsuit against Black Jack Pizza on behalf of one of our clients. The lawsuit seeks under-reimbursed delivery expenses and unpaid minimum wages for our client and his fellow pizza delivery drivers
The lawsuit claims that pizza delivery companies must keep records of their drivers’ actual expenses (like gas, insurance, wear and tear, and repairs) and pay the drivers for those expenses. If a company does not, and most companies don’t, then the Department of Labor’s Enforcement Handbook instructs companies to reimburse delivery drivers at the IRS business mileage rate ($0.58 per mile in 2019). The lawsuit claims that Black Jack Pizza did neither. As a result, our client is seeking the full amount of the under-reimbursement per mile at the IRS rate plus additional damages under federal and state law.
The lawsuit also claims that Black Jack Pizza improperly paid its delivery drivers “tipped minimum wage” for work performed inside the store. While employers are allowed to pay a tipped minimum wage when an employee is earning tips, employers are not permitted to do so when that employee is working a non-tipped capacity. The lawsuit asserts that Black Jack Pizza illegally paid a tipped minimum wage to its delivery drives when they were working in a non-tipped capacity (i.e. taking phone orders, helping carryout customers, preparing or cutting pizzas, folding pizza boxes, doing dishes, and cleaning around the store).
For more information, read the CLASS ACTION COMPLAINT here.
Are you a delivery driver who has been under-reimbursed while making deliveries for Black Jack Pizza’s? You are not alone. You may be owed back wages and additional damages under federal and state law.
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.