Papa John's Collective Action Lawsuit
Stueve Siegel Hanson LLP and Weinhaus & Potashnick have filed a lawsuit seeking unpaid wages and unreimbursed expenses on behalf of pizza delivery drivers against Papa John's International, Inc. The case is known as Perrin et al. v. Papa John's International, Inc. and was filed in the U.S. District Court for the Eastern District of Missouri.
UPDATE: Stueve Siegel Hanson and Weinhaus & Potashnick succeed in obtaining class certification for drivers
On December 31, 2013, the Court certified five state-law classes under Federal Rule of Civil Procedure 23, making the case a class action that includes drivers who worked for Papa John’s in Missouri, Illinois, Arizona, Florida, and Maryland. Stueve Siegel Hanson and Weinhaus & Potashnick were appointed by the Court as lawyers for the drivers in these classes. Notice was mailed to affected drivers in each of the five states on April 30, 2014. Drivers who receive the notice or worked as a driver for Papa John’s (corporate-owned stores) in one of the five states during the applicable time periods do not need to take any action to remain in the class. By remaining in the class, drivers will be bound by the judgment (win or lose) and will be eligible to participate if there is ever a settlement (there is no settlement or money available now). If a driver wants to exclude himself or herself from the class (not be bound by the judgment and not be eligible to participate if there is a settlement), then the notice describes the steps and deadlines that the driver needs to observe. The case will proceed to trial, hopefully sometime in early 2015, as a class and representative action. Counsel is currently obtaining the evidence necessary to present the class’s claims to a jury.
Click here to view a copy of the notice sent to Missouri drivers.
Click here to view a copy of the notice sent to Illinois drivers.
Click here to view a copy of the notice sent to Arizona drivers.
Click here to view a copy of the notice sent to Florida drivers.
Click here to view a copy of the notice sent to Maryland drivers.
What if I already received a notice and returned a form to join the case?
Some drivers received an earlier notice several years ago entitled Collective Action Notice. That noticed related to claims under the “Fair Labor Standards Act,” a federal law that requires employers to pay minimum wage. If the driver timely returned the “Consent to Join” form that was enclosed with that notice, then he or she is a member of the federal class (called a “collective action”). The deadline to join the federal class, however, has since passed so only drivers who timely returned the form are members. Membership in the federal class and the new state-law classes is not mutually exclusive. A driver is still eligible to pursue remedies available under state law even if they are members of the federal class. By doing nothing in response to the new notice, drivers will remain in the state-law class if they meet the qualifications described in the notices linked to above. Membership in a state-law class is not required to remain a member of the federal class. If you are a member of the federal class, you should have access to the Stueve Siegel Hanson client portal for updates about the case.
Click here to view the Notice
Click here to view the Complaint
Click here to view the Order Granting Conditional Certification
Click here to download Adobe Reader
How can I obtain more details?
If you have additional questions about this lawsuit, or would like additional information, please contact us at 1-888-816-2097 or Mark Potashnick at 314-997-9150 ext. 2. For a faster response, email us using the form below. Be sure to include a detailed message explaining your question. We will be back in touch with you as soon as possible.
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