On March 12, 2024, the Sixth Circuit federal court of appeals issued its decision on two lawsuits alleging that pizza companies under-reimbursed their delivery drivers. The decision charts a new course for businesses and these types of cases.
New York City has become the first major U.S. city to establish a minimum pay-rate for app-based restaurant delivery workers. The new law goes into effect July 12, 2023.
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, 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 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).
Thousands of employees across the service industry in Ohio earn tips. But many tipped employees may not know their rights concerning pay or what to do if they aren’t paid correctly. Sadly, tipped workers and restaurant employees are frequent victims of wage theft .
On August 18, 2022, a Papa John’s employee filed suit against Apex Pizza Holdings LLC and the Heritage Partners’ Group, large franchise operators of Papa John’s stores. The lawsuit is called Opperman v. Apex Pizza Holdings LLC, et al.
On February 9, 2022, a federal court granted preliminary approval of a settlement that will pay $1.5 million to the delivery drivers who worked at 5 Dayton, Ohio area Jet’s Pizza franchises from November 22, 2016 to August 31, 2020.
On January 19, 2022, a federal judge in the Middle District of Tennessee approved a settlement for 145 Domino’s pizza delivery drivers in the Nashville, Tennessee area.