Good news for Dayton, Ohio area Jimmy John’s delivery drivers: Cash is on the way.
On November 5, 2020, a federal district court approved a $1 million settlement resolving our client’s lawsuit, which sought unpaid minimum wages and overtime wages on behalf of the company’s delivery drivers who worked between April 15, 2015 and February 24, 2020.
On average, after deducting attorneys’ fees and other costs, each driver will receive approximately $1,000 from the settlement.
The lawsuit, filed in 2018, challenges pay policies that are common in the food delivery industry, and will sound familiar to anyone who has worked as a delivery driver.
Specifically, the drivers alleged that:
(1) drivers were required to drive their own cars for work, but were not paid enough in reimbursement by the company to cover their vehicle costs;
(2) drivers were required to work inside the Jimmy John’s store, completing non-tipped job duties, while being paid a tipped hourly wage; and
(3) drivers were sometimes paid on separate paychecks, issued by different legal entities that were part of the defendants’ operation, to avoid overtime payments.
Throughout the case, the defendants denied the drivers’ claims, and maintain that they did not violate the law.
From the settlement, the drivers will receive, on average, $1,029.12, distributed over three payments.
For his service representing the class, the named plaintiff will receive an incentive award of $10,000, in addition to his award as a class member.
The first payment is set to be mailed on December 5, 2020, with the second payment set to be mailed on May 30, 2021, and the third payment set to be mailed on October 15, 2021.
If you have questions about this or any other case, complete the form below or call us at 513-202-0710 to initiate 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.
If you are worried about fees or costs, don’t be. Our firm only gets paid if the lawyers recover money for you.
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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.