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Papa John’s delivery class action lawsuit overview:
- Who: Robert Perry filed a class action lawsuit against Papa John’s International Inc.
- Why: Perry claims Papa John’s fails to properly reimburse its delivery drivers for the costs incurred from the job, allegedly dropping their total pay to below the federal minimum wage.
- Where: The class action lawsuit was filed in Kentucky federal court.
Papa John’s fails to reasonably reimburse its delivery drivers who use their personal cars to deliver pizza and other food for the company for the “approximate costs of the business use of their vehicles,” a new class action lawsuit alleges.
Plaintiff Robert Perry claims Papa John’s uses a “flawed method” to calculate reimbursement rates that leads to delivery drivers receiving an “unreasonably low rate” that is beneath “any reasonable approximation of the expenses they incur.”
Perry argues that the unreimbursed expenses Papa John’s delivery drivers incur during their driving shifts causes their overall wages to dip below the federal minimum wage for “some or all workweeks.”
“The result of Defendants’ delivery driver reimbursement policy is a reimbursement of much less than a reasonable approximation of its drivers’ automobile expenses,” the Papa John’s class action states.
Papa John’s delivery drivers are not properly reimbursed for the costs incurred on the job, says class action
Papa John’s delivery drivers incur a number of costs when using their personal vehicles to work, including gas, maintenance and repair, insurance and vehicle parts, among other things, according to the Papa John’s class action.
Despite this, Perry claims Papa John’s only reimburses its delivery drivers on a per-mile basis, which he argues “equates to below the IRS business mileage reimbursement rate or any other reasonable approximation of the cost to own and operate a motor vehicle.”
Perry wants to represent a nationwide class of individuals who worked as a Papa John’s delivery driver using a personal vehicle and that have not been properly reimbursed for the expenses incurred on the job.
He claims Papa John’s violates the Fair Labor Standards Act of 1938 (FLSA). He demands a jury trial and requests all damages allowed by the FLSA, including back pay for minimum overtime wages for himself and all class members.
Papa John’s agreed to pay $5 million to resolve a separate class action lawsuit in August that claimed the company broke the law by allegedly including a “no-poach” clause in its franchise agreement.
Have you been under-reimbursed by your employer for expenses incurred while at work? Let us know in the comments!
The plaintiff is represented by David O’Brien Suetholz of Branstetter, Stranch & Jennings PLLC.
The Papa John’s delivery class action lawsuit is Perry, et al. v. Papa John’s International Inc., et al., Case No. 3:22-cv-00681, in the U.S. District Court for the Western District of Kentucky.
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9 thoughts onPapa John’s class action claims company fails to adequately reimburse delivery drivers for vehicle use
I was told I was a part of a class action suit for hazard ky area what should I do
The handbook says .70 cents per mile but I only get .70 per delivery
When I was working there, my first 45 days I worked without an off days. Almost a year later Covid 19 hit, and while everyone was safe from the world and sickness receiving $900 per week in unemployment, at home we continued to work because our company denied us unemployment and told us to work or quit. While only making approximately 50 to 100 bucks a week. at the time my new car broke down and I had to work in store few weeks and couldn’t afford to fix it. Ultimately loosing my car and having to purchase a new one to continue delivering.
I drove for papa John’s for 3 years and was not adequately compensated
The papa john I work at. The gm all she does is send order to door dash. But then we found out that are store is staying opening until 3 am. But then they want us to open are availability said that’s we are require to close one night a week. But before that we heard that there were trying ti get rid of the driver because they we’re going to just use door dash. But we don’t make money because are gm be sending a lot of order to door dash that we even drive by the customer house.
I worked at papa johns, my friend told me about this class action lawsuit. How do I make a claim? If anyone knows please reply.
Just call your store’s phone number and they should have your records.
I just left a Papa Johns franchise in western Illinois that only reimbursed .28c a mile. I was watching my actual miles vs expected miles vs one-way only miles and stg they were only reimbursing me my travel TO the delivery, not returning to the store. So a trip taking me out 4 miles should be 2.24 because it’s 4 miles there and 4 miles back. I only received the 1.12 for driving there. Their system however DOES accurately track your distance between doubles! So if it was 4 miles to trip A and 2 miles further to trip B I still only received the 1.12 and .56 cents, despite trip B now being 6 miles from the store. So y’all can calculate in me already being in the area and making the trip from A to B as a separate payment but can’t reimburse me on my return? Just every little trick to keep as much profit as they can because hey, screw the workers who actually create that profit? Absolutely ridiculous.
What are the options for employees of franchises? Who do we reach out to to make change? I know I’m being underpaid but I feel absolutely powerless to challenge it.
Years ago worked at a pizza place. At that time got minimum wage plus $1.50 per delivery. But the end of the night would come home with driving fees and tips of over $75. Later paycheck also. Not bad for a nights work in the 80’s.