Anyone who has ever owned a car knows how expensive they can be to maintain. While many of us might need a car to get to and from work, there are certain jobs which require the employee to own a car in order to perform her work. One of these jobs is a delivery driver for Jimmy John’s.
While the sandwich company is known for delivering their food quickly and cheaply, a recent wage and hour lawsuit alleges that the delivery drivers are the ones who are being made to pay for that efficiency. Scott Lewis, a delivery driver for a Jimmy John’s franchise in Kansas, filed a wage and hour class action lawsuit against Bushwood Investments LLC, which owns and operates more than 30 Jimmy John’s locations throughout the country and hires more than 300 delivery drivers.
According to the lawsuit, although Jimmy John’s delivery drivers are required to use their own vehicles to deliver food and drinks to customers, Bushwood Investments LLC allegedly does not properly reimburse its drivers for the use of their vehicles.
The lawsuit alleges that the delivery drivers are required to keep their cars in safe and good working condition and to pay for insurance for their vehicles. As a result, the delivery drivers allegedly “incur costs for gasoline, vehicle parts and fluids, automobile repair and maintenance services, automobile insurance, depreciation, and cell phone use while delivering sandwiches.”
The lawsuit further alleges that Bushwood Investments LLC’s does not reimburse its delivery drivers for the costs of auto insurance and does not provide its drivers with GPS systems. Instead, the employees are required to use the GPS systems on their cell phones. This means that the employee must have a cell phone with a GPS app on it and pay for a data plan which allows them to use the app while they are at work. However, Jimmy John’s allegedly failed to reimburse its delivery drivers for the costs of owning and maintaining a cell phone with GPS capabilities.
Jimmy John’s drivers are all paid either by direct deposit or a payroll card from InTrust bank. The result is that the delivery drivers allegedly have not received a paycheck stub which details “their hours, reimbursement, or withholdings.”
The federal Fair Labor Standards Act (FLSA) requires employers to provide all of their workers with itemized paychecks which detail how much the employee was paid and how much, if any, of the pay was withheld and for what reasons. Failure to provide employees with itemized pay stubs could potentially mean a hefty award to the delivery drivers if they prove successful in court.
The lawsuit alleges that “Despite the relative ease of tracking actual miles driven by its drivers, [Jimmy John’s] does not do so”. Instead, Bushwood Investments LLC’s allegedly reimburses its delivery drivers “a set amount for each delivery, regardless of length.” Delivery drivers are also allegedly not paid for returning to a location in the event of a problem. For example, if an order is voided after a driver leaves for the delivery, the transaction allegedly no longer appears in Jimmy John’s system and so the driver allegedly does not get paid for that delivery.
The lawsuit alleges that, as a result of Bushwood Investments LLC’s faulty reimbursement policy, delivery drivers are not reimbursed “for even their out-of-pocket expenses, much less other costs they incur to own and operate their vehicle.” The restaurant chain’s failure to properly reimburse its delivery drivers allegedly led to “violations of the federal minimum wage requirements” according to the complaint.
The Chicago class action lawyers at the Chicago Overtime Law Center are investigating unpaid overtime claims by waiters and bus boys and other restaurant and hotel workers against national restaurant chains including Chipotle, Red Lobster, Olive Garden, Outback Steak House, Taco Bell, Burger King, Wendy’s and hotels for misclassifying employees as managers or assistant managers, forcing employees to work off the clock at business, failing to share all tips, erasing or altering time sheets or time records, pressuring workers not to report or record overtime, and otherwise failing to pay workers for overtime and other wages. If you are the victim these wage theft practices call us at (312) 869-4095 or contact us online.
The Chicago class action attorneys at the Chicago Overtime Law Center have three decades of experience fighting to help employees who are victims of wage, overtime and tip theft by their employers. We have a team of Chicago unpaid overtime lawyers who concentrate on prosecuting state and nationwide class action lawsuits. Our attorneys work out of Chicago and Oak Brook offices and pursue claims for workers all over the Chicago area including Kankakee and Peoria. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Lake, McHenry, Kane and Cook Counties.
Our Rosemont and Des Plaines overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at (312) 869-4095 or through our online form.