SAN FRANCISCO – A delivery driver for a Pizza Hut franchise allege he was not properly reimbursed for expenses.
Tony Sanchez filed a complaint individually and on behalf of similarly situated persons on Sept. 22 in the U.S. District Court for the Northern District of California against Southern PacPizza LLC citing the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he used his own automobile to deliver pizzas and other food items to defendant's customers. He alleges the defendant reimbursed him a per-mile reimbursement that is below the Internal Revenue Service's business mileage rate. He claims he was reimbursed approximately for $1.45 per delivery.
The plaintiffs hold Southern PacPizza LLC responsible because the defendant allegedly failed to reasonably reimburse him for using his own vehicle for delivery and failed to pay the minimum wage as required by law.
The plaintiffs request a trial by jury and seek judgment against the defendant, disgorgement of profits, restitution, permanent injunctive and declaratory relief, interest and other relief as the court deems fair. He is represented by Jonathan Weissglass of Altshuler Berzon LLP in San Francisco, Mark A. Potashnick of Weinhaus & Potashnick in St. Louis and Jack D. McInnes of Paul McInnes in Kansas City, Missouri.
U.S. District Court for the Northern District of California Case number 4:16-cv-05434