Updated: Sep 11, 2020
Delivery drivers at LaRosa’s Pizza have sued the operators of eleven stores in Cincinnati and Northern Kentucky. Read the final approval order here.
The lawsuit alleges that delivery drivers are owed back wages because:
(1) they drive their own cars to complete deliveries for the company,
(2) they get paid minimum wage or close to it, and
(3) they are not reimbursed for either their actual expenses (with receipts) or at the IRS standard business mileage rate (currently $.575 per mile).
The lawsuit claims that since these expenses serve the benefit of the company, the company must fully cover these expenses.
Unlike many pizza delivery driver cases, this case is somewhat unique because the drivers allege that the company reimburses them for their car expenses by paying the drivers a percentage of the order they complete. The drivers allege this reimbursement policy has no logical tie to the drivers’ expenses, and results in drivers receiving less than the IRS standard business mileage rate.
The drivers allege that the company had two choices when reimbursing their drivers: (1) either keep records of the drivers’ actual expenses, and reimburse for them, or (2) reimburse the drivers at the IRS standard business mileage rate (currently $.575 per mile) for each mile they drive.
The drivers claim that if the company fails to do one of these two things, the drivers are owed the difference between what they actually received and the IRS rate, plus additional damages.
Finally, the drivers claim that they were required to work inside the store for substantial periods of their employment while being paid a “tipped wage rate” (i.e., less than minimum wage), even though they did not receive tips during this time. The drivers seek full minimum wage, plus damages, for these hours.
Do you drive for LaRosa’s or another company? Are you paid a tipped wage rate and/or reimbursed based on a percentage of each order? Our firm has helped thousands of delivery drivers recover back wages from the pizza companies they work for. The consultation is free, confidential, and only takes a few minutes. Complete the form below or call us at 513-464-9537 to get started.
Biller & Kimble has attorneys licensed to practice in Ohio and Pennsylvania, but we regularly work with local attorneys to represent pizza delivery drivers all across the country.