A lawsuit has been brought by former Illinois delivery driver Garth Sullivan against Nicko’s Pizza, Inc. and owner Stephen Gfell. The company presently operates several Domino’s Pizza franchises in Ohio. The lawsuit is alleging violations of FLSA, that the company uses flawed methods of reimbursement for pizza delivery driver mileages. Additionally, delivery drivers are using personal vehicles to deliver food to customers and are responsible for the costs accrued. These costs are usually gasoline, maintenance and repairs, insurance, and depreciation. Consequently, pizza delivery drivers are not left with much. These rates fall below any reasonable estimate of the expenses the pizza delivery drivers incur. This is causing their wages to fall below the federal minimum wage. Additionally, the IRS increased the mileage rate to 62.5 cent per mile through December 2022. This comes as a response to rising gas prices.
The case is called Sullivan v. Nicko’s Pizza, Inc. et al, pending in the Northern District of Ohio.
About Forester Haynie
Forester Haynie takes minimum wage and other violations violations of FLSA very seriously. These violations happen because limitations within the law allow some employers to pay their employees below the federal minimum wage. Forester Haynie’s attorneys are dedicated to making sure that people are being lawfully compensated for their labor. More than $10 million have been recovered for pizza delivery drivers across the nation. Case settlements often take time, so you will have to be patient with us while we fight for you. Forester Haynie does not charge our clients any up front fees or case costs. Unlike many firms, we only get paid when you do.
Were you or someone you know a pizza delivery driver at store owned by Nicko’s Pizza, Inc? Fill out the form below to see if you are able to join the lawsuit.