Driver sues Romeo’s Pizza for Unpaid Auto Expenses
Updated: Sep 11, 2020
A lawsuit filed in Cleveland federal court alleges that Romeo’s Pizza is underpaying their delivery drivers. The Plaintiff, a former Romeo’s delivery driver in Lodi, Ohio, claims that Romeo’s broke the law when they reimbursed delivery drivers for automobile expenses at a set amount for each delivery (for example, $1.50 per delivery), which averaged out to less than the IRS standard business mileage rate (currently $.575 per mile).
The Plaintiff seeks to represent Romeo’s delivery drivers who work for Romeo's locations in Ohio.
The lawsuit alleges that Romeo’s had two choices. They can either (1) keep records of and reimburse for the drivers’ actual expenses, or (2) reimburse delivery drivers using the IRS standard business mileage rate, which is currently $.575 per mile, but changes every year.
The Plaintiff claims that Romeo’s pizza has failed to meet this standard. Because the reimbursement did not cover all of the drivers’ expenses, the drivers’ wages dropped below minimum wage.
The lawsuit seeks recovery of the delivery drivers’ under-reimbursed expenses. It also seeks full minimum wage for all hours worked by the delivery drivers (the drivers are alleged to have been paid a “tipped” wage rate), plus additional damages under federal and state law.
Finally, the Plaintiff claims that the practice is happening at all Romeo’s Pizza franchise locations. He therefore seeks to represent delivery drivers at all of the approximately 35 Romeo’s Pizza stores in Ohio.
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