Transportation 39

In the pizza delivery driver case of NPC International v. Wass in the District Court of Kansas, the court wound up with a similar conclusion to other minimum wage/reimbursement of expenses cases we have seen recently in the transportation world.  The defendants were able to cite a lack of specificity in pleading in order to get judgment on the pleadings for the minimum wage claims under the Fair Labor Standards Act and Colorado state law.  As in the recent case of Bailey v. Border Foods in the District Court of Minnesota, the plaintiffs did not plead the specific amounts of their wages or how the expenses, such as gas, maintenance of their vehicle, and uniform cleaning, specifically lowered their wage below the minimum.  For these reasons and because of recent U.S. Supreme Court case law requiring heightened pleading in complaints, the case could be dismissed for insufficient pleadings.