Steffans Legal Files Class Action on Behalf of Delivery Drivers Against Papa Ginos, Inc.

Earlier this week, we filed a statewide class action in Berkshire County Superior Court against Papa Gino’s, Inc. We are partnering with Connor & Morneau on this matter. We’ve brought this claim on behalf of all delivery drivers who worked at a Papa Gino’s location in Massachusetts. In Bunn and Strainer v. Papa Gino’s, Inc., et al., we’ve alleged that Papa Gino’s violated Massachusetts law in two respects.

First, we’ve alleged that Papa Gino’s violated the Massachusetts Wage Act by failing to compensate its delivery drivers for transportation expenses. As we’ve written about here, Massachusetts law requires employers to compensate employees for transportation expenses when they, like delivery drivers, are required to drive personal vehicles during their workday.

Second, we’ve alleged Papa Gino’s violated the Massachusetts Tips Act by failing to distribute service charges to its delivery drivers. Papa Gino’s, like many pizza places, charges a delivery charge for each delivery. We believe that fee is a service charge because the customers reasonably believed that charge was to be distributed to the delivery drivers. Instead, the vast majority of that fee was retained by Papa Gino’s. As we’ve written about here, Massachusetts law prevents employers from retaining charges that customers believe are to be distributed to the service provider.

Steffans Legal has recovered thousands of dollars for employees across Massachusetts in claims against their employers for unpaid transportation expenses and claims of unlawful distribution of tips and service charges. If you have questions regarding tips, service charges, or transportation expenses call us for your free consultation.