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Delivery Drivers File Lawsuit Against Columbus Area Papa John’s Franchise

On July 16, 2015, Kimble Law Office and Beggs Law Offices filed a Class Action Complaint against JohnCol, Inc. on behalf of delivery drivers at 26 Columbus-area Papa John’s restaurants.

In the Complaint, the Plaintiff-delivery drivers allege that they were denied proper wages because they were required to pay out-of-pocket for gasoline, automobile maintenance, uniforms, and other expenses in order to perform their duties as delivery drivers.  The plaintiffs allege that they were paid just $4.25 per hour – just slightly more than tip credit minimum wage in Ohio – while they were making deliveries, but were not reimbursed for substantial gasoline, auto maintenance, auto insurance, uniforms, and other costs that caused their effective hourly rate to drop far below the allowable tip credit minimum wage.  JohnCol is required to reasonably estimate such expenses and reimburse its drivers, but the plaintiffs allege that they made no effort to monitor distances travelled, deliveries per hour, out-of-pocket expenses, or otherwise determine if they were compensating delivery drivers adequately.

The plaintiffs also worked inside the Papa John’s restaurants during times that they were not making deliveries, and were supposed to be paid full minimum wage during this time.  However, plaintiffs allege that JohnCol’s managers had a regular practice of clocking plaintiffs and other drivers onto their lower hourly rate ($4.25 per hour) when a delivery order was received from a customer, but before the pizza or other food was ready to be delivered.  As a result, the plaintiffs allege that they spent significant time working inside the restaurant while being paid $4.25 per hour.  Because they were not engaged in a tipped producing activity while inside the store, the plaintiffs claim that this practice caused them to be paid below the legal minimum wage.

The plaintiffs seek to represent a class that includes delivery drivers at all JohnCol locations who worked during the last three years.

If you are required to pay for expenses out of pocket for the benefit of your employer, if your employer is requiring you to complete work “off the clock,” or if you are a tipped worker making tip credit minimum wage but having to work in a non-tipped capacity, Kimble Law Office is here to help.  Call today for a free, confidential consultation.

See the Class Action Complaint in this matter, attached below:

Schnaudt, et al v. JohnCol, Inc., et al, 15 cv 2619 (S.D. Ohio).

Lawsuit Filed Against Mexican Restaurant

Last week, Kimble Law, along with co-counsel Beggs Law Offices, filed a complaint on behalf of a group of waiters and cooks against Los Arrieros Mexican Restaurant in Bucyrus, Ohio.

The plaintiff servers allege that they have not been paid any wages at all throughout their employment, and regularly worked over 60 hours per week.  Instead of receiving wages, servers allege they received tips from customers as their only compensation.  In addition to not receiving any minimum wages or overtime wages whatsoever, plaintiff servers also allege they are required to pay a portion of their tips to the owners, and are required to pay for uniforms expenses out of pocket.

The plaintiff cook alleges that he regularly worked over 70 hours per week, but received only $400 per week for all of the hours he worked.  He alleges that he never received any overtime payments as required by law.

If you work in a restaurant or as a tipped worker and believe you are not being compensated properly, contact Kimble Law Office today for a free consultation.

Ornelas, et al v. Los Arrieros, LLC, et al, 15 cv. 1361 (N.D. Ohio)

ADVERTISING ONLY: The information on this blog is not, nor is not intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. 

Department of Labor Proposes Changes to Minimum Compensation for Salaried Workers

If you are one of approximately 5 million salaried employees in the United States who earns less than $50,000 per year, the Department of Labor’s proposed changes to federal overtime law will be music to your ears.  Under the proposal, many workers who were previously classified as “exempt” from overtime will now be eligible for overtime pay.

Under the current regulations, employers can pay salaried employees as little as $455 per week, or $23,660 per year, and require them to work as many hours as necessary for the benefit of the company. As a result, many employees – such as managers and assistant managers at retail stores and restaurants – work long hours without seeing an increase in their pay.  Because they are paid such low salaries, “exempt” employees have become good investments for employers.  They complete the same tasks as hourly employees at pay rates that – after accounting for the number of hours worked – often work out to be lower than the pay rates received by hourly employees.  The DOL has recognized this injustice, and seeks to remedy it with the proposed regulations.

The proposed changes would more than double the minimum weekly salary employers would have to pay their exempt employees.  An employee would have to receive at least $970 per week, or $50,440 per year to qualify as a salaried employee exempt from overtime pay.  If the changes are implemented, they will go a a long way towards ensuring that hard-working employees receive a living wage when they are required to work long hours for the benefit of their employers.

Kimble Law Office is committed to protecting the interests of hard-working employees.  If you are paid a salary and work over 40 hours per week, contact Kimble Law Office at (937) 286-6428 for a free, confidential consultation to determine if you are entitled to overtime compensation.

http://www.cleveland.com/business/index.ssf/2015/06/160000_ohioans_would_get_overt.html