New York, NY: Jimmy John' Gourmet Sandwich shop is facing a federal unpaid wage and hour class action lawsuit filed by a delivery driver from Kansas. The lawsuit alleges that Bushwood Investments LLC, which owns and operates more than 30 Jimmy John' restaurants throughout the country, failed to properly compensate its 300 delivery drivers for the use of their own vehicles, and numerous other allegations.
Scott Lewis of Witchita, filed the wage and hour lawsuit, entitled is Lewis v. Bushwood Investments LLC, Case No. 2:13-cv-02610, in the U.S. District Court for the District of Kansas, against the more than 30 Jimmy John' restaurants across the country.
According to the lawsuit, Jimmy John' drivers "use their own automobiles to deliver sandwiches and other food items to customers Instead of compensating delivery drivers for the reasonably approximate costs of the business use of their vehicles, defendant used a flawed method to determine reimbursement rates."
"[Jimmy John's] delivery drivers incur costs for gasoline, vehicle parts and fluids, automobile repair and maintenance services, automobile insurance, depreciation, and cell phone use while delivering sandwiches for the primary benefit of the defendant,"the lawsuit states.
The lawsuit states that Jimmy John' delivery drivers are allegedly required to cover the costs of maintaining their vehicles in safe and in good working condition as well as paying for insurance coverage for the automobiles.
The lawsuit claims that Jimmy John' does not reimburse its delivery drivers for insurance costs nor does it provide its drivers with GPS systems to use while driving but rather leaves drivers to rely on GPS systems the driver' cell phones, for which they are also not reimbursed. Additionally, the lawsuit claims the defendant pays its employees through direct deposit or a payroll card from inTrust Bank, and so do not receive a paycheck stub which details how deductions and reimbursements are made. In order to get this information, the drivers must make special requests from the defendant.