A South Carolina federal judge just approved class certification for a group of pizza delivery drivers who asserted that their employer, Papa John’s, violated the Fair Labor Standards Act (FLSA). The complaint alleges that several franchises violated their rights by systematically failing to adequately pay for driving costs. The violations stem from the rate at which drivers are reimbursed, and in this instance drivers allege that the 5% – 6% reimbursement rate to drivers who use their own vehicles falls significantly below the IRS’ standard mileage reimbursement rate. According to the complaint, the failure to adequately reimburse the drivers led to compensation falling below minimum wage.
Many times, when a company’s policies or procedures violate the FLSA, the rights of numerous similarly situated workers are impacted. In these instances, the workers can join together in an FLSA class action, known as a collective action, which can often bring more pressure to bear on employers to change their practices. In this instance, drivers from 21 Papa John’s franchises have joined together in the lawsuit.
For more information or if you believe that you have not received all the compensation you are entitled to, please contact the experienced FLSA collective action attorneys at Buckley Bala Wilson Mew LLP for an immediate case evaluation.