Court Denies CFL Pizza’s Motion To Dismiss Claims By Drivers

In 2011, our attorneys filed a law suit against CFL Pizza, a Florida Pizza Hut franchisee, on behalf of the delivery drivers.  Although Florida law — along with federal law and the law of many other states — requires that Pizza Hut fully reimburse its delivery drivers for car-related expenses, Pizza Hut systematically under-reimburses its drivers.   As a result, many Pizza Hut delivery drivers are effectively making less than the minimum wage.

The lawsuit seeks money for Pizza Hut delivery drivers to make up for Pizza Hut’s systematic under-reimbursement.  The lawsuit also seeks to change Pizza Hut’s policy going forward, so that all CFL Pizza Hut delivery drivers in the State of Florida will be properly reimbursed for their car-related expenses. CFL Pizza moved to dismiss the case, asserting numerous technical arguments that, if accepted by the Court, would deny delivery drivers their right to be fully reimbursed for their expenses.

On June 21, after hearing oral argument from our attorneys and defense counsel, the Court denied Defendant’s motion to dismiss on the vast majority of the counts.  As a result, the case is going forward and we look forward to obtaining a favorable result. If you are a delivery driver and you believe your employer may not be properly reimbursing you for car-related expenses, please contact us to discuss your legal options.