Papa John’s Franchisee Beats Delivery Driver’s Mileage Cost Case

A Papa John’s franchisee defeated a delivery driver suit over mileage reimbursement because the worker failed to allege his pay fell below Colorado’s minimum wage, a federal judge said.

The driver argued that improper reimbursement for the costs of using a personal vehicle to deliver pizzas for HPG Pizza I LLC and related entities pushed his pay under his state’s minimum wage. But even using his kickback assumptions, he still earned “well above the $7.25 federal minimum wage,” dooming his Fair Labor Standards Act claim, the US District Court for the District of Colorado said Thursday.

Plaintiff Steve Mighell alleges ...