Lowey Secures Settlement with Papa John’s in ‘No-Poaching’ Case

On August 7th, U.S. District Judge Benjamin Beaton approved a preliminary class action settlement with Papa John’s for $5 million for the class. The class consists of over 400,000 former and current Papa John’s employees.

The lawsuit alleged that Papa John’s, one of the U.S.’s most well-known pizza restaurant chains with over 5,900 stores in 50 countries and territories, enforced a long-running “no-poach” agreement between franchisees, which prohibited employees from working at competing franchises. Plaintiffs alleged the Papa John’s no-poach clause restricted employees’ flexibility and limited their wages.

Historically, no-poach cases proved difficult to prosecute. Although the Department of Justice focused heavily on so-called “no-poach” cases since approximately 2016, it took the DOJ four years to secure its first wage-fixing indictment. In obtaining compensation for the class, the Papa-John’s settlement reflects a hard-fought win for employees who allege harm from anticompetitive conduct by their employers.

If 20% of the class files claims, each class member could receive an average of $165 from the settlement. The settlement also requires Papa John’s to conduct Antitrust Compliance Training and to circulate a notice to its franchises that they cannot enforce a “no-poaching” agreement. Papa John’s agreed to include this notice for the next five years.

As one of four co-leads on this case, Lowey is thrilled with the antitrust enforcement result obtained by attorneys Christian Levis and Noelle Forde.

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