On January 22, 2024, the Eastern District of Wisconsin granted preliminary approval of a class action settlement involving 87 Toppers Pizza delivery drivers who worked at 4 Toppers stores in the Milwaukee and Waukesha areas from 2018 to 2021. The class members will share $99,194.42. The Toppers stores in question were owned by FSM ZA, LLC, Perfect Timing, LLC, and Garrett Burns.
The case involved a pizza delivery driver who claimed that he and his fellow delivery drivers were being underpaid by the defendants, a Toppers franchise, because they were not adequately reimbursed for their vehicle expenses and because the company did not provide them with the proper tip credit notification.
The court had previously certified the case as a class action. Now, it has preliminarily approved the class settlement. A notice will soon be sent to the class members.
If the settlement is approved, each class member will receive $950, on average. The individual payments will be based on the number of total hours each person worked during the relevant time period, so those who worked longer will receive a greater share of the settlement. Biller & Kimble estimates that the settlement results in the class members receiving over two-thirds of the total amount they are allegedly owed.
The court will conduct a final fairness hearing on June 17, 2024 to determine whether the Settlement Agreement should be approved as fair, reasonable, and adequate. If the Court grants final approval of the settlement, plaintiffs should expect to see payments go out within 45 days of the approval.
If you have any questions about the settlement, or if you have any questions about delivery driver rights in general, please call our firm for a free, confidential consultation.