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: