Pizza Hut Can’t Toss Drivers’ FLSA Action
Law360, New York (July 18, 2011, 3:07 PM EDT) -- A Colorado federal judge on Thursday declined to dismiss a putative collective action accusing Pizza Hut Inc. of stiffing delivery drivers on auto expense reimbursements, but trimmed a claim that the company had violated the minimum wage laws of several states.
U.S. District Judge Christine Arguello partially granted and partially denied Pizza Hut's dismissal bid, allowing a Fair Labor Standards Act collective action claim to proceed and ruling that the opt-in plaintiffs had created the “plausible inference” that they were similarly situated to named plaintiff and ex-delivery driver Mark Smith.
“Although defendant argues that the opt-in plaintiffs are not similarly situated...
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