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.
The plaintiff alleges that the company has failed to reimburse the drivers for the vehicle expenses they incur while making deliveries in their own vehicles. Although the company provides some cars for drivers to use, the plaintiff alleges she and other drivers were often required to use their own vehicles to make deliveries. For example, the plaintiff alleges that drivers had to use their own cars when the company cars were broken down, unsafe, or when there were not enough available to complete deliveries in a timely manner.
When the drivers use their own cars, the plaintiff alleges that the drivers cover major costs like gas, insurance, registration, and repair and maintenance costs. The plaintiff claims that these costs effectively cut into the minimum wages the drivers are required to receive. Specifically, she alleges the company’s practice violates the FLSA and Minnesota wage law, and also results in the company being unjustly enriched.
If you are a delivery driver who has worked at Comes Investments, or for any other pizza company under a similar arrangement, contact our firm to find out if you might be owed unreimbursed expenses. We can explain the process you can go through to get those expenses back. Give us a call at (513) 202-0710 or fill out the form below for a free consultation.