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`
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 1 of 40 PAGEID #: 1
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`In the United States District Court
`for the Southern District of Ohio
`Western Division
`
`
`Reuben West,
`
`
`On behalf of himself and those similarly
`situated,
`
`
`Plaintiff,
`
`v.
`
`Unlimited Potential Pizza, Inc.; Best Pizza,
`LLC; DW & KV Pizza, Inc.; Milford Pizza,
`Inc.; Sandeaver, Inc; Symmes Pizza, Inc.;
`TGD Food Group, Inc.; Weaver Dream
`Team, Inc.; MaryLu Weaver; John Doe 1-
`10; Doe Corporation 1-10
`
`
`
`Case No.
`
`Judge
`
`Magistrate Judge
`
`
`Jury Demand Endorsed Hereon
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`Class and Collective Action Complaint
`
`
`1.
`
`Reuben West, on behalf of himself and all similarly-situated individuals, brings this
`
`action against Unlimited Potential Pizza, Inc.; Defendants Best Pizza, LLC; DW & KV Pizza, Inc.;
`
`Milford Pizza, Inc.; Sandeaver, Inc; Symmes Pizza, Inc.; TGD Food Group, Inc.; Weaver Dream
`
`Team, Inc.; MaryLu Weaver; John Doe 1-10; Doe Corporation 1-10 (“Defendants”). Plaintiff seeks
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`appropriate monetary, declaratory, and equitable relief based on Defendants’ willful failure to
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`compensate Plaintiff and similarly-situated individuals with minimum wages as required by the Fair
`
`Labor Standards Act (“FLSA”), the Ohio Constitution, Article II, Section 34a (“Section 34a”),
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`O.R.C. § 4113.15 (Ohio’s “Prompt Pay Act”), and O.R.C. § 2307.60, and unjust enrichment.
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`1
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 2 of 40 PAGEID #: 2
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`2.
`
`Defendants operate several Jet’s Pizza franchises in Ohio and Michigan (the
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`“Defendants’ Jet’s Pizza stores”).
`
`3.
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`Defendants repeatedly and willfully violated the Fair Labor Standards Act, the Ohio
`
`Constitution, and the Ohio Prompt Pay Act by failing to adequately reimburse delivery drivers for
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`their delivery-related expenses, thereby failing to pay delivery drivers the legally mandated minimum
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`wage for all hours worked.
`
`4.
`
`Defendants maintain a policy and practice of underpaying their delivery drivers in
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`violation of the FLSA, Section 34a, and the Prompt Pay Act.
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`5.
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`All delivery drivers at the Defendants’ Jet’s Pizza stores, including Plaintiff, have
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`been subject to the same employment policies and practices, including policies and practices with
`
`respect to wages and reimbursement for expenses.
`
`6.
`
`Plaintiff brings this action on behalf of himself and similarly situated current and
`
`former delivery drivers nationwide who elect to opt in pursuant to FLSA, 29 U.S.C. § 216(b) to
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`remedy violations of the FLSA by Defendants.
`
`7.
`
`Plaintiff also brings this action on behalf of himself and similarly situated current and
`
`former delivery drivers in Ohio, pursuant to Federal Rule of Civil Procedure 23, to remedy violations
`
`of Section 34a, the Prompt Pay Act, O.R.C. § 2307.60, and for unjust enrichment.
`
`
`
`Jurisdiction and Venue
`
`8.
`
`Under 28 U.S.C. § 1331 and 29 U.S.C. § 216(b), this Court has jurisdiction over
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`Plaintiff’s FLSA claims.
`
`9.
`
`Under 28 U.S.C. § 1367, this Court has supplemental jurisdiction over Plaintiff’s
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`Ohio law claims.
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 3 of 40 PAGEID #: 3
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`10.
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`Venue in this Court is proper under 28 U.S.C. § 1391(b) because the parties reside in
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`this district, and a substantial part of the events giving rise to the claim herein occurred in this district.
`
`
`
`
`Plaintiff
`
`Reuben West
`
`
`Parties
`
`11.
`
`Plaintiff Reuben West is a resident of Ohio and, at all material times herein, Plaintiff
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`worked within the boundaries of Southern District of Ohio.
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`12.
`
`Plaintiff is an “employee” of all of the Defendants as defined in the FLSA and
`
`Section 34a.
`
`13.
`
`Plaintiff has given written consent to join this action.
`
`
`Defendants
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`14.
`
`Defendants’ Jet’s Pizza stores are owned and/or operated by a number of entities and
`
`individuals, each of whom employ Plaintiff and the delivery drivers.
`
`15.
`
`16.
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`Defendants operate the Defendants’ Jet’s Pizza stores.
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`Defendants operate the Defendants’ Jet’s Pizza stores out of their headquarters in
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`Clinton Township, Michigan.
`
`17.
`
`The Entity Defendants—Unlimited Potential Pizza, Inc.; Best Pizza, LLC; DW & KV
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`Pizza, Inc.; Milford Pizza, Inc.; Sandeaver, Inc; Symmes Pizza, Inc.; TGD Food Group, Inc.; and
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`Weaver Dream Team, Inc.—are all part of Defendants’ Jet’s Pizza franchise operation.
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`18. MaryLu Weaver is the owner and operator of Defendants’ Jet’s Pizza stores and the
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`Entity Defendants.
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`3
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 4 of 40 PAGEID #: 4
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`19. MaryLu Weaver has entered into franchise agreements with Jet’s Pizza to operate
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`Defendants’ Jet’s Pizza stores.
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`20. MaryLu Weaver has entered into franchise agreements with Jet’s Pizza whereby she
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`agrees to ensure that any Jet’s stores operated pursuant to the franchise agreement will comply with
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`all laws, including wage and hour laws.
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`21. MaryLu Weaver has the authority to and does hire and fire employees, supervise and
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`control the work schedules and conditions of employees, determine the rate and method of pay,
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`and/or maintain employee records.
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`22.
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`Defendants form a “single employer” as they are part of a single integrated enterprise
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`and/or they are joint employers as they jointly operate a chain of Jet’s Pizza franchise stores and
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`maintain interrelated operations, centralized control of labor relations, common management,
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`common ownership, and financial control. Because the work performed by Plaintiff, and all other
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`delivery drivers, benefited all Defendants and directly or indirectly furthered their joint interests,
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`Defendants are collectively the joint employers of Plaintiff and other similarly situated employees
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`under the FLSA’s definition of “employer.”
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`Unlimited Potential Pizza, Inc.
`
`23.
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`Defendant Unlimited Potential Pizza, Inc. is a foreign corporation authorized to do
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`business under the laws of Ohio.
`
`24.
`
`25.
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`Unlimited Potential Pizza, Inc.’s principal place of business is in Michigan.
`
`Unlimited Potential Pizza, Inc. owns and operates one or more Jet’s Pizza franchise
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`stores in Ohio.
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`26.
`
`Unlimited Potential Pizza, Inc. is owned by MaryLu Weaver.
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`4
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 5 of 40 PAGEID #: 5
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`27.
`
`28.
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`Unlimited Potential Pizza, Inc. is operated by MaryLu Weaver.
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`Unlimited Potential Pizza, Inc. was the entity name on Plaintiff’s paystubs as of
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`February 2021.
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`29.
`
`Unlimited Potential Pizza, Inc. has substantial control over Plaintiff and similarly
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`situated employees’ working conditions, and over the unlawful policies and practices alleged herein.
`
`30.
`
`Unlimited Potential Pizza, Inc. applies, or causes to be applied, substantially the same
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`employment policies, practices, and procedures to all delivery drivers at all of its locations, including
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`policies, practices, and procedures relating to payment of minimum wages, and reimbursement of
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`automobile expenses.
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`31.
`
`Unlimited Potential Pizza, Inc. has direct or indirect control of the terms and
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`conditions of Plaintiff’s work and the work of similarly situated employees.
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`32.
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`At all relevant times, Unlimited Potential Pizza, Inc. maintained control, oversight,
`
`and direction over Plaintiff and similarly situated employees, including, but not limited to, hiring,
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`firing, disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other
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`practices.
`
`33.
`
`Unlimited Potential Pizza, Inc. is an “employer” of Plaintiff and similarly situated
`
`employees as that term is defined by the FLSA and Section 34a.
`
`34.
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`At all relevant times, Unlimited Potential Pizza, Inc. has been an enterprise engaged
`
`in “the production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`35.
`
`Unlimited Potential Pizza, Inc.’s gross revenue exceeds $500,000 per year.
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`5
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 6 of 40 PAGEID #: 6
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`Best Pizza, LLC
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`36.
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`Defendant Best Pizza, LLC is a domestic limited liability company authorized to do
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`business under the laws of Ohio.
`
`37.
`
`38.
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`Best Pizza, LLC’s principal place of business is in Ohio.
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`Upon information and belief, Best Pizza, LLC owns and operates one or more Jet’s
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`Pizza franchise stores in Ohio.
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`39.
`
`40.
`
`41.
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`Upon information and belief, Best Pizza, LLC is owned by MaryLu Weaver.
`
`Upon information and belief, Best Pizza, LLC is operated by MaryLu Weaver.
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`Best Pizza, LLC had substantial control over Plaintiff and similarly situated
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`employees’ working conditions, and over the unlawful policies and practices alleged herein.
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`42.
`
`Best Pizza, LLC applied or caused to be applied substantially the same employment
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`policies, practices, and procedures to all delivery drivers at all of its locations, including policies,
`
`practices, and procedures relating to payment of minimum wages, and reimbursement of automobile
`
`expenses.
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`43.
`
`Best Pizza, LLC had direct or indirect control of the terms and conditions of Plaintiff’s
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`work and the work of similarly situated employees.
`
`44.
`
`At all relevant times, Best Pizza, LLC maintained control, oversight, and direction
`
`over Plaintiff and similarly situated employees, including, but not limited to, hiring, firing,
`
`disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
`
`45.
`
`Best Pizza, LLC was an “employer” of Plaintiff and similarly situated employees as
`
`that term is defined by the FLSA and Section 34a.
`
`46.
`
`At all relevant times, Best Pizza, LLC has been an enterprise engaged in “the
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`6
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 7 of 40 PAGEID #: 7
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`production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`47.
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`Best Pizza, LLC’s gross revenue exceeded $500,000 per year.
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`DW & KV Pizza, Inc.
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`48.
`
`Defendant DW & KV Pizza, Inc. is a foreign corporation authorized to do business
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`under the laws of Ohio.
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`Ohio.
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`49.
`
`50.
`
`51.
`
`52.
`
`53.
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`DW & KV Pizza, Inc.’s principal place of business is in Michigan.
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`DW & KV Pizza, Inc. owns and operates one or more Jet’s Pizza franchise stores in
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`Upon information and belief, DW & KV Pizza, Inc. is owned by MaryLu Weaver.
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`Upon information and belief, DW & KV Pizza, Inc. is operated by MaryLu Weaver.
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`DW & KV Pizza, Inc. has substantial control over Plaintiff and similarly situated
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`employees’ working conditions, and over the unlawful policies and practices alleged herein.
`
`54.
`
`DW & KV Pizza, Inc. applies or causes to be applied substantially the same
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`employment policies, practices, and procedures to all delivery drivers at all of its locations, including
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`policies, practices, and procedures relating to payment of minimum wages, and reimbursement of
`
`automobile expenses.
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`55.
`
`DW & KV Pizza, Inc. has direct or indirect control of the terms and conditions of
`
`Plaintiff’s work and the work of similarly situated employees.
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`56.
`
`At all relevant times, DW & KV Pizza, Inc. maintained control, oversight, and
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`direction over Plaintiff and similarly situated employees, including, but not limited to, hiring, firing,
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`disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
`
`57.
`
`DW & KV Pizza, Inc. is an “employer” of Plaintiff and similarly situated employees
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`7
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 8 of 40 PAGEID #: 8
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`as that term is defined by the FLSA and Section 34a.
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`58.
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`At all relevant times, DW & KV Pizza, Inc. has been an enterprise engaged in “the
`
`production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`59.
`
`DW & KV Pizza, Inc.’s gross revenue exceeds $500,000 per year.
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`Milford Pizza, Inc.
`
`60.
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`Defendant Milford Pizza, Inc. is a foreign corporation authorized to do business under
`
`the laws of Ohio.
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`61. Milford Pizza, Inc.’s principal place of business is in Michigan.
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`62. Milford Pizza, Inc. owns and operates one or more Jet’s Pizza franchise stores in Ohio.
`
`63.
`
`64.
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`Upon information and belief, Milford Pizza, Inc. is owned by MaryLu Weaver.
`
`Upon information and belief, Milford Pizza, Inc. is operated by MaryLu Weaver.
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`65. Milford Pizza, Inc. has substantial control over Plaintiff and similarly situated
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`employees’ working conditions, and over the unlawful policies and practices alleged herein.
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`66. Milford Pizza, Inc. applies or causes to be applied substantially the same employment
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`policies, practices, and procedures to all delivery drivers at all of its locations, including policies,
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`practices, and procedures relating to payment of minimum wages, and reimbursement of automobile
`
`expenses.
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`67. Milford Pizza, Inc. has direct or indirect control of the terms and conditions of
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`Plaintiff’s work and the work of similarly situated employees.
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`68.
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`At all relevant times, Milford Pizza, Inc. maintained control, oversight, and direction
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`over Plaintiff and similarly situated employees, including, but not limited to, hiring, firing,
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`disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
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`8
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 9 of 40 PAGEID #: 9
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`69. Milford Pizza, Inc. is an “employer” of Plaintiff and similarly situated employees as
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`that term is defined by the FLSA and Section 34a.
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`70.
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`At all relevant times, Milford Pizza, Inc. has been an enterprise engaged in “the
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`production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`71. Milford Pizza, Inc.’s gross revenue exceeds $500,000 per year.
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`Sandeaver, Inc.
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`72.
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`Defendant Sandeaver, Inc. is a foreign corporation authorized to do business under the
`
`laws of Ohio.
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`73.
`
`74.
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`75.
`
`76.
`
`77.
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`Sandeaver, Inc.’s principal place of business is in Michigan.
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`Sandeaver, Inc. owns and operates one or more Jet’s Pizza franchise stores in Ohio.
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`Upon information and belief, Sandeaver, Inc. is owned by MaryLu Weaver.
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`Upon information and belief, Sandeaver, Inc. is operated by MaryLu Weaver.
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`Sandeaver, Inc. has substantial control over Plaintiff and similarly situated employees’
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`working conditions, and over the unlawful policies and practices alleged herein.
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`78.
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`Sandeaver, Inc. applies or causes to be applied substantially the same employment
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`policies, practices, and procedures to all delivery drivers at all of its locations, including policies,
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`practices, and procedures relating to payment of minimum wages, and reimbursement of automobile
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`expenses.
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`79.
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`Sandeaver, Inc. has direct or indirect control of the terms and conditions of Plaintiff’s
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`work and the work of similarly situated employees.
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`80.
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`At all relevant times, Sandeaver, Inc. maintained control, oversight, and direction over
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`Plaintiff and similarly situated employees, including, but not limited to, hiring, firing, disciplining,
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`9
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 10 of 40 PAGEID #: 10
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`timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
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`81.
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`Sandeaver, Inc. is an “employer” of Plaintiff and similarly situated employees as that
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`term is defined by the FLSA and Section 34a.
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`82.
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`At all relevant times, Sandeaver, Inc. has been an enterprise engaged in “the
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`production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`83.
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`Sandeaver, Inc.’s gross revenue exceeds $500,000 per year.
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`Symmes Pizza, Inc.
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`84.
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`Defendant Symmes Pizza, Inc. is a foreign corporation authorized to do business under
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`the laws of Ohio.
`
`85.
`
`86.
`
`87.
`
`88.
`
`89.
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`Symmes Pizza, Inc.’s principal place of business is in Michigan.
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`Symmes Pizza, Inc. owns and operates one or more Jet’s Pizza franchise stores in Ohio.
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`Upon information and belief, Symmes Pizza, Inc. is owned by MaryLu Weaver.
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`Upon information and belief, Symmes Pizza, Inc. is operated by MaryLu Weaver.
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`Symmes Pizza, Inc. has substantial control over Plaintiff and similarly situated
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`employees’ working conditions, and over the unlawful policies and practices alleged herein.
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`90.
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`Symmes Pizza, Inc. applies or causes to be applied substantially the same employment
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`policies, practices, and procedures to all delivery drivers at all of its locations, including policies,
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`practices, and procedures relating to payment of minimum wages, and reimbursement of automobile
`
`expenses.
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`91.
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`Symmes Pizza, Inc. has direct or indirect control of the terms and conditions of
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`Plaintiff’s work and the work of similarly situated employees.
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`92.
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`At all relevant times, Symmes Pizza, Inc. maintained control, oversight, and direction
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`10
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 11 of 40 PAGEID #: 11
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`over Plaintiff and similarly situated employees, including, but not limited to, hiring, firing,
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`disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
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`93.
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`Symmes Pizza, Inc. is an “employer” of Plaintiff and similarly situated employees as
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`that term is defined by the FLSA and Section 34a.
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`94.
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`At all relevant times, Symmes Pizza, Inc. has been an enterprise engaged in “the
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`production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`95.
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`Symmes Pizza, Inc.’s gross revenue exceeds $500,000 per year.
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`TGD Food Group, Inc.
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`96.
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`Defendant TGD Food Group, Inc. is a foreign corporation authorized to do business
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`under the laws of Ohio.
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`TGD Food Group, Inc.’s principal place of business is in Michigan.
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`TGD Food Group, Inc. owns and operates one or more Jet’s Pizza franchise stores in
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`97.
`
`98.
`
`Ohio.
`
`99.
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`Upon information and belief, TGD Food Group, Inc. is owned by MaryLu Weaver.
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`100. Upon information and belief, TGD Food Group, Inc. is operated by MaryLu Weaver.
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`101. TGD Food Group, Inc. has substantial control over Plaintiff and similarly situated
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`employees’ working conditions, and over the unlawful policies and practices alleged herein.
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`102. TGD Food Group, Inc. applies or causes to be applied substantially the same
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`employment policies, practices, and procedures to all delivery drivers at all of its locations, including
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`policies, practices, and procedures relating to payment of minimum wages, and reimbursement of
`
`automobile expenses.
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`103. TGD Food Group, Inc. has direct or indirect control of the terms and conditions of
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`11
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 12 of 40 PAGEID #: 12
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`Plaintiff’s work and the work of similarly situated employees.
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`104.
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`At all relevant times, TGD Food Group, Inc. maintained control, oversight, and
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`direction over Plaintiff and similarly situated employees, including, but not limited to, hiring, firing,
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`disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
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`105. TGD Food Group, Inc. is an “employer” of Plaintiff and similarly situated employees
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`as that term is defined by the FLSA and Section 34a.
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`106.
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`At all relevant times, TGD Food Group, Inc. has been an enterprise engaged in “the
`
`production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`107. TGD Food Group, Inc.’s gross revenue exceeds $500,000 per year.
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`Weaver Dream Team, Inc.
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`108. Defendant Weaver Dream Team, Inc. is a foreign corporation authorized to do
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`business under the laws of Ohio.
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`109. Weaver Dream Team, Inc.’s principal place of business is in Michigan.
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`110. Weaver Dream Team, Inc. owns and operates one or more Jet’s Pizza franchise stores
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`in Ohio.
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`111. Weaver Dream Team, Inc. is owned by MaryLu Weaver.
`
`112. Weaver Dream Team, Inc. is operated by MaryLu Weaver.
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`113. Weaver Dream Team, Inc. has substantial control over Plaintiff and similarly situated
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`employees’ working conditions, and over the unlawful policies and practices alleged herein.
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`114. Weaver Dream Team, Inc. applies or causes to be applied substantially the same
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`employment policies, practices, and procedures to all delivery drivers at all of its locations, including
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`policies, practices, and procedures relating to payment of minimum wages, and reimbursement of
`
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`12
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 13 of 40 PAGEID #: 13
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`automobile expenses.
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`115. Weaver Dream Team, Inc. has direct or indirect control of the terms and conditions
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`of Plaintiff’s work and the work of similarly situated employees.
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`116.
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`At all relevant times, Weaver Dream Team, Inc. maintained control, oversight, and
`
`direction over Plaintiff and similarly situated employees, including, but not limited to, hiring, firing,
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`disciplining, timekeeping, payroll, reimbursements, pay rates, deductions, and other practices.
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`117. Weaver Dream Team, Inc. is an “employer” of Plaintiff and similarly situated
`
`employees as that term is defined by the FLSA and Section 34a.
`
`118.
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`At all relevant times, Weaver Dream Team, Inc. has been an enterprise engaged in
`
`“the production of goods for commerce” within the meaning of the phrase as used in the FLSA.
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`119. Weaver Dream Team, Inc.’s gross revenue exceeds $500,000 per year.
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`MaryLu Weaver
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`120. Defendant MaryLu Weaver is the owner of Defendants’ Jet’s Pizza stores.
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`121. Upon information and belief, MaryLu Weaver is a Jet’s Pizza franchisee.
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`122. Upon information and belief, MaryLu Weaver has entered into franchise agreements
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`with Jet’s Pizza relating to each of Defendants’ Jet’s Pizza stores.
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`123. MaryLu Weaver is an operator of Defendants’ Jet’s Pizza operation and Defendants’
`
`Jet’s Pizza stores.
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`124. Upon information and belief, MaryLu Weaver is the owner of Defendants’ Jet’s Pizza
`
`stores.
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`125. MaryLu Weaver operates and owns multiple Jet’s Pizza stores across Ohio and
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`Michigan.
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`13
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`Case: 1:22-cv-00007-MWM Doc #: 1 Filed: 01/05/22 Page: 14 of 40 PAGEID #: 14
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`126. MaryLu Weaver is individually liable to the delivery drivers at Defendants’ Jet’s Pizza
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`stores under the definitions of “employer” set forth in the FLSA and Section 34a because she owns
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`and operates Defendants’ Jet’s Pizza stores, serves as an owner and officer of the Defendants’ Jet’s
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`Pizza stores, ultimately controls significant aspects of Defendants’ Jet’s Pizza stores’ day-to-day
`
`functions, and ultimately controls compensation and reimbursement of employees. 29 U.S.C. §
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`203(d).
`
`127.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores, MaryLu Weaver has had
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`financial control over the operations at each of the Defendants’ Jet’s Pizza stores.
`
`128.
`
`At all relevant times, by virtue of her role as an owner, officer, and operator of the
`
`Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores, MaryLu Weaver has had a
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`role in significant aspects of the Defendants’ Jet’s Pizza stores’ day to day operations.
`
`129.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
`
`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had control over the Defendants’ Jet’s Pizza stores’ pay policies.
`
`130.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
`
`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had power over personnel and payroll decisions at the Defendants’ Jet’s Pizza
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`stores, including but not limited to influence over delivery driver pay.
`
`131.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had the power to hire, fire, and discipline employees, including delivery drivers
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`at the Defendants’ Jet’s Pizza stores.
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`132.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had the power to stop any illegal pay practices that harmed delivery drivers at
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`the Defendants’ Jet’s Pizza stores.
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`133.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had the power to transfer the assets and liabilities of the Defendant entities.
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`134.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had the power to declare bankruptcy on behalf of the Defendant entities.
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`135.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had the power to enter into contracts on behalf of each of the Defendants’ Jet’s
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`Pizza stores.
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`136.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has had the power to close, shut down, and/or sell each of the Defendants’ Jet’s
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`Pizza stores.
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`137.
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`At all relevant times, by virtue of her role as an owner, officer, and operator of the
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`Defendant Entities, the Defendants’ Jet’s Pizza operation, and the Defendants’ Jet’s Pizza stores,
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`MaryLu Weaver has authority over the overall direction of each of Defendants’ Jet’s stores and is
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`responsible for their operations.
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`138. The Defendants’ Jet’s Pizza stores function for MaryLu Weaver’s profit.
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`139. MaryLu Weaver has influence over how the Defendants’ Jet’s Pizza stores can run
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`more profitably and efficiently.
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`Doe Corporation 1-10
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`140. Upon information and belief, Defendants own, operate, and control other entities
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`and/or limited liability companies that also comprise part of the Defendants’ Jet’s Pizza stores, and
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`qualify as “employers” of Plaintiff and the delivery drivers at the Defendants’ Jet’s Pizza stores as
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`that term is defined by the FLSA and Ohio wage law.
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`141. Upon information and belief, MaryLu Weaver owns and/or operates, in whole or in
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`part, a number of other entities that make up part of the Defendants’ Jet’s Pizza operation.
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`142. Upon information and belief, the franchisor, Jet’s Pizza, may also be liable as an
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`employer of the delivery drivers employed at Defendants’ Jet’s Pizza stores.
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`143. Upon information and belief, a sale of the store or stores took place at or around
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`February 2021, and that the details of that transaction could reveal that other entities are liable for
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`some or all of the claims asserted here (the “Predecessor Entities”).
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`144. The identities of these additional Defendants should be revealed as discovery
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`progresses and can be named at that time.
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`John Doe 1-10
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`145. Upon information and belief, there are additional individuals who also qualify as
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`“employers” of Plaintiff and the delivery drivers at the Defendants’ Jet’s Pizza stores as that term is
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`defined by the FLSA and Ohio wage law.
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`146. Upon information and belief, MaryLu Weaver has entered into co-owner relationships
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`with a number of her managers and business partners, and those individuals might also qualify as
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`“employers” of Plaintiff and the delivery drivers at the Defendants’ Jet’s Pizza stores as that term is
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`defined by the FLSA and Ohio wage law.
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`147. Upon information and belief, a sale of the store or stores took place at or around
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`February 2021, and that the details of that transaction could reveal that other individuals are liable for
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`some or all of the claims asserted here (the “Predecessor Individuals”).
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`148. The identities of these additional Defendants should be revealed as discovery
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`progresses and can be named at that time.
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`Facts
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`Class-wide Factual Allegations
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`149.
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`During all relevant times, Defendants have operated the Defendants’ Jet’s Pizza
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`stores.
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`150.
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`The primary function of the Defendants’ Jet’s Pizza stores is to sell pizza and other
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`food items to customers, whether they dine in, carry out, or have their food delivered.
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`151.
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`Some or all of the Defendants’ Jet’s Pizza stores employ delivery drivers.
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`152.
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`Plaintiff and the similarly situated persons that Plaintiff seeks to represent are current
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`and former delivery drivers employed by Defendants at the Defendants’ Jet’s Pizza stores.
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`153.
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`All delivery drivers employed at the Defendants’ Jet’s Pizza stores over the last three
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`years have had essentially the same job duties—to deliver pizza and other food items to customers.
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`154.
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`Drivers at the Defendants’ Jet’s Pizza stores work “dual jobs”.
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`155.
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`At all relevant times, Plaintiff and similarly situated delivery drivers have been paid
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`minimum wage, slightly above minimum wage, or minimum wage minus a tip credit for the hours
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`they worked while completing deliveries.
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`156.
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`At all relevant times, Plaintiff and similarly situated delivery drivers have been paid
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`minimum wage or slightly above minimum wage for the hours they worked inside the restaurant.
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`157.
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`Defendants require delivery drivers to maintain and pay for operable, safe, and legally
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`compliant automobiles to use in delivering Defendants’ pizza and other food items.
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`158.
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`Defendants require delivery drivers to incur and/or pay job-related expenses,
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`including but not limited to automobile costs and depreciation, gasoline expenses, automobile
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`maintenance and parts, insurance, financing charges, cellphone costs, GPS charges, and other
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`equipment necessary for delivery drivers to complete their job duties.
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`159.
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`Pursuant to such requirements, Plaintiff and other similarly situated employees
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`purchase gasoline, vehicle parts and fluids, automobile repair and maintenance services, automobile
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`insurance, suffered automobile depreciation and damage, financing charges, and incur cellphone and
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`data charges all for the primary benefit of Defendants.
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`160. Defendants require delivery drivers at Defendants’ Jet’s Pizza stores to provide
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`cellphones to use while completing deliveries for Defendants.
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`161. Defendants require delivery drivers to maintain and pay for operable cellphones to use
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`in delivering Defendants’ pizza and other food items.
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`162. The Defendants’ Jet’s Pizza stores do not reimburse the delivery drivers’ cellphone
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`expenses.
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`163. The Defendants’ Jet’s Pizza stores do not track or record the delivery drivers’
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`cellphone expenses.
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`164. Defendants reimburse delivery drivers’ automobile expenses based on a set amount
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`for each delivery they complete.
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`165. Defendants’ Jet’s Pizza stores do not track or record the delivery drivers’ actual
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`automobile expenses.
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`166. Defendants’ Jet’s Pizza stores do not collect receipts from their delivery drivers
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`related to the expenses they incur while completing deliveries.
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`167. Defendants do not collect receipts of delivery drivers’ gasoline purchases during
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`weeks when the delivery drivers worked for Defendants.
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`168. Defendants do not collect receipts of delivery drivers’ automobile maintenance,
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`repair, and parts purchased or paid for during weeks when the delivery drivers worked for
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`Defendants.
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`169. Defendants do not collect receipts of delivery drivers’ monthly or annual automobile
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`insurance costs.
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`170. Defendants do not collect receipts of delivery drivers’ automobile registration costs.
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`171. Defendants do not collect receipts of delivery drivers’ automobile financing or
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`purchase costs.
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`172. Defendants do not collect any other receipts from delivery drivers related to the
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`automobile expenses they incur as delivery drivers at Defendants’ Jet’s Pizza stores.
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`173. Defendants’ Jet’s Pizza s