Last month, a federal lawsuit was filed on behalf of delivery drivers at Antonio’s Pizza in Northeast Ohio.
The suit alleges that drivers are paid a “tipped wage rate” (i.e., less than minimum wage) for all hours, including many hours worked inside the Antonio’s restaurants completing non-tipped duties. The suit also alleges systematic underpayment of delivery reimbursement expenses. As part of the job, drivers are required to purchase gasoline, vehicle parts and fluid, car repair and maintenance services, insurance, car financing, and cell phone data charges necessary to complete their job duties, but they are not adequately reimbursed for these expenses. Instead, the drivers receive a flat amount per delivery, no matter how many miles it takes to complete.
The plaintiff alleges that Antonio’s should be paying their drivers at least full minimum wage for the hours they work inside the restaurant, and that Antonio’s should reimburse delivery drivers at the IRS standard business mileage rate ($.545 per mile) for the miles they drive completing deliveries. As it stands now, the suit alleges the reimbursement paid does not cover all expenses incurred with delivery.
Due to these practices, the plaintiff alleges Antonio’s failed to pay minimum wage in violation of Ohio and federal law. An employer who fails to pay minimum wage in Ohio is liable for 3x unpaid wages, plus possibly additional damages, and attorney’s fees.
Read the Antonio’s Pizza Complaint here.
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