New Class Action: SMITH v. PIZZA HUT, INC.

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PostPosted: Sun Jun 10, 2012 4:28 am
machete25 wrote:Racketman I'm curious at your Pizza Hut do they accurately enter your mileage at the end of each shift?


The answer is NO. The field (a required field on FMS) is just filled in with whatever the MOD wants. They do not record my beginng or ending odometer reading just some number they pull out of the air. Some managers were taught to multiply the number of runs by 3 (as in average 3 miles per run which is crap).

I tried early on to get my mileage accurately recorded but that effort fell on deaf ears.

I have 2 notepads in my car to record the following:
#1. calander date ( such as 06/09/12), the day of the week (as in Monday, Tuesday, etc.)each shift's detail stiff dollar amounts, and miles driven per shift (I record that from my trip odometer which is reset to zero at the beginning of each shift).
#2 each time I fill up (at the beginning of EVERY shift) I record my odometer reading, the $ amount of gas bought, and the number of gallons bought.

Given these 2 items, they could theoricially "audit" my miles driven and I would have 2 points of data that are fairly accurate and comparable
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PostPosted: Sun Jun 10, 2012 5:25 am
Unless you fill up again after the shift, that data is useless.

I reset my 'trip' odometer before each shift. I get a printout at the end if each shift that shows every address I delivered to and wages/tips/mileage paid etc. I write down my actual mileage traveled during the shift.

I have several years of that data.
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Mon Jun 11, 2012 3:29 am
gregster wrote:Unless you fill up again after the shift, that data is useless.

I reset my 'trip' odometer before each shift. I get a printout at the end if each shift that shows every address I delivered to and wages/tips/mileage paid etc. I write down my actual mileage traveled during the shift.

I have several years of that data.


I do fill up at the beginning of each shift. And I also have several years worth of data. The only thing our POS system will NOT do is print a a report with such info as addresses delivered to. The best I can get is a report with the dispatch time, round trip time, arrival time (round trip time divided by 2), the area delivered to (pod or grid), the order total (including tax and DC) and cash out time.
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PostPosted: Mon Jun 11, 2012 8:51 am
Racket_Man wrote:I do fill up at the beginning of each shift. And I also have several years worth of data. The only thing our POS system will NOT do is print a a report with such info as addresses delivered to. The best I can get is a report with the dispatch time, round trip time, arrival time (round trip time divided by 2), the area delivered to (pod or grid), the order total (including tax and DC) and cash out time.


I keep a clipboard with an info sheet I made in excel that I write down every address & order number on so I can correlate the info from those POS reports. I put a link to the excel file up somewhere on this site before, don't remember exactly where tho.
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PostPosted: Tue Jul 17, 2012 12:20 pm
As a member of the suit against NPC Corporate store, I am sure that any amount of compensation can right what happened to me as a delivery driver for 18 months. I drove a used Saturn 2003 with 71,000 miles. I incurred 65,000 miles in seven months, and the transmission went out! I owed $7,800 on a car that was now worth $1500. I turned it in on a voluntary repossession. Try to get a new car loan with a repo on your credit report. It is still unsettled.

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PostPosted: Tue Jul 17, 2012 12:21 pm
Correction: I am NOT sure
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PostPosted: Tue Jul 17, 2012 3:15 pm
WDJohnson5 wrote:As a member of the suit against NPC Corporate store, I am [not] sure that any amount of compensation can right what happened to me as a delivery driver for 18 months. I drove a used Saturn 2003 with 71,000 miles. I incurred 65,000 miles in seven months, and the transmission went out! I owed $7,800 on a car that was now worth $1500. I turned it in on a voluntary repossession. Try to get a new car loan with a repo on your credit report. It is still unsettled.


I certainly believe that.

I know you can't disclose the details of the settlement, but you can talk about what the stores have done to reimbursement since then. What was you mileage pay before the suit and what is it now? How much (if at all) did it go up?
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Tue Jul 17, 2012 3:51 pm
I had enough and quit in November 2010. My mileage reimbursement averaged 86 cents to a high of $1.04 when gas was $4 bucks a gallon. I was still there when they captured tips off credit cards and checks. We were suppose to declare our cash tips, but we never did because we found out it lowered our paychecks. No one knows the details of the settlement yet but again, it can't possibly be enough to repair the damage I incurred.

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PostPosted: Wed Aug 15, 2012 10:19 pm
machete25 wrote:Oh ok. Do you think they are going to ask for statistics from me? I have recorded my tips and miles driven for about 10 days, but then I got lazy and stopped keeping track. I am going to start keeping a good record on my earnings now though. I don't know any legal stuff, but I assume that if this lawsuit fails, I could open my own against the Franchise Pizza Hut that I work for now?




Machete25 - Do you still have the Consent to Join form? Please post if you have it.

Thanks.
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PostPosted: Thu Aug 16, 2012 12:03 am
Simon wrote:
machete25 wrote:Oh ok. Do you think they are going to ask for statistics from me? I have recorded my tips and miles driven for about 10 days, but then I got lazy and stopped keeping track. I am going to start keeping a good record on my earnings now though. I don't know any legal stuff, but I assume that if this lawsuit fails, I could open my own against the Franchise Pizza Hut that I work for now?




Machete25 - Do you still have the Consent to Join form? Please post if you have it.

Thanks.


Simon, the 90 day opt in period MAY already be over if not over in just a few more days! :o

Contact the law firm NOW if you still want to join in the lawsuit! Here is the info from the first page of the thread:


gregster wrote:If you worked as a delivery driver for Pizza Hut Inc. (Corporate owned stores, not a franchise) in the PAST 3 years, ANYWHERE in the United States, please contact the law firm below. There is only a 90 day 'opt in' period for you to 'join in' the case.

MARK POTASHNICK
11500 Olive Blvd., Suite 133
St. Louis, Missouri 63141
Phone: (314) 997-9150 ext. 2
Facsimile: (314) 997-9170


http://www.fairwagelawyers.com/lookingforcases.html



gregster wrote:You may also contact the law firm: Stueve Siegel Hanson

If you have questions about this lawsuit, or would like additional information, please contact us at 1-866-501-9349 or Mark Potashnick at 314-997-9150. For a faster response, email us using the form below. Be sure to include a detailed message explaining your question. We will be back in touch with you as soon as possible.

(click link to go to form at bottom of page.)

I, gregster, am not a lawyer and do not represent or am compensated by any law firm. I am not offering legal advice, just information useful to delivery drivers.

Now, if you are eligible to join, I hope you GO SUE THE BASTARDS! :D 8-)
"If you ain't on the road, you ain't makin' money!" - gregster

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