United States District Court, N.D. Illinois, Eastern Division
CHRISTOPHER BURTON and PHAELANN MACKEY, individually and on behalf of other similarly situated persons, Plaintiffs,
DRAS PARTNERS, LLC, DRAS PARTNERS 2, LLC d/b/a “Papa John's, ” Defendants. Month Under-Payment Cumulative UnderPayment Interest Rate Interest Accrued Month UnderPayment Cumulative UnderPayment Interest Rate Interest Accrued
SALAS P.C. Douglas M. Werman, Maureen A. Salas, Sarah J.
Arendt, Jacqueline Villanueva
WEINHAUS & POTASHNICK Mark A. Potashnick (MO Bar # 41315)
(pro hac vice forthcoming)
PLAINTIFFS' STATEMENT OF AN AWARD OF DEFAULT
JUDGMENT AGAINST DRAS PARTNERS, LLC FOR DAMAGES IN THE AMOUNT
OF $17, 703.40 AND ATTORNEYS' FEES AND COSTS IN THE
AMOUNT OF $23, 890.55
Johnson Coleman Judge
are former delivery drivers employed by DRAS Partners, LLC
d/b/a “Papa John's Pizza”
(“DRAS”). They allege that they were
under-reimbursed for their vehicle costs incurred in
performing their jobs, which resulted in federal and Illinois
minimum wage violations (nominal wages - unreimbursed vehicle
costs = subminimum net wages). On October 11, 2019, the Court
entered a default as to Defendant DRAS Partners, LLC and
scheduled a “prove up” hearing for 9:00 a.m. on
November 1, 2019. ECF Doc. # 25. The evidence clearly shows
that Plaintiffs were grossly under-reimbursed for the vehicle
costs they incurred, which caused them to earn less than
minimum wage. For these reasons, the Court should enter a
default judgment against Defendant DRAS Partners, LLC, award
Plaintiffs all of the wages they are owed, award Plaintiffs
liquidated damages and penalty interest pursuant to federal
and Illinois law, and award Plaintiffs' counsel all of
their attorney's fees and costs incurred in litigating
STATEMENT OF FACTS
Christopher Burton was employed by DRAS from about March 2018
to October 2018 as a delivery driver at its Papa John's
store in Highland Park, Illinois. DRAS paid Mr. Burton the
Illinois minimum wage of $8.25 per hour when he delivered
pizzas, including a tip credit. It paid him $8.50 per hour
while he worked in the store between deliveries. He spent
approximately 40% of his time working in DRAS's store.
Phaelann Mackey was employed by DRAS from about March 2018 to
September 2018 as a delivery driver and manager at the same
Papa John's store in Highland Park, Illinois. He spent
approximately half of that employment as a delivery driver.
While he worked as a delivery driver, DRAS paid Mr. Mackey
the Illinois minimum wage of $8.25 per hour, including a tip
required Plaintiffs to drive their own vehicles, pay all
costs of operating those vehicles, and provide their own
vehicle insurance in order to perform their deliveries.
average round-trip delivery distance was about 6 miles.
never tracked Plaintiffs' actual vehicle costs incurred
in performing their jobs. The company never asked them for
their expenses or receipts.
reimbursed Plaintiffs about $1.00 per delivery for their
vehicle costs. That flat amount did not change based on
driving distance or time.
DRAS's effective per-mile reimbursement rate for
Plaintiffs was about $.17 per mile. ($1.00 per delivery
reimbursement / 6 average round-trip miles = about $.17
Burton worked an average of about 25 hours per week. He
averaged about 12 miles driven per work hour.
Mackey worked an average of about 55 hours per week when he
was a delivery driver. Like Mr. Burton, Mr. Mackey averaged
about 12 miles driven per work hour during that time.
Burton calculates his total job mileage as
Weeks of Employment 31
Average Hours Per Week x 25
Average Miles Driven Per Work Hour x 12
Total Miles Driven on Job 9, 300
Mackey calculates his total job mileage as follows:
Weeks Employed as a Delivery ...