Two Waitr drivers are seeking a class action lawsuit against the company.

In a complaint filed in New Orleans federal court, the drivers claim Waitr failed to reimburse its delivery drivers for vehicle expenses bringing their pay below the minimum wage.

Drivers for Waitr are paid $5 an hour plus tips. The suit says that the failure to reimburse automobile expenses constitutes as a “kickback” to Waitr, causing hourly wages to continue to be below minimum wage.

Drivers Jualeia Halley and Heather Gongaware claim that they were not compensated for their work each week, being underpaid by $257.95 and $275.00, respectively.

The suit also accuses Waitr of misclassifying its drivers as independent contractors.

KATC reached out to Waitr for comment on the lawsuit but they say they do not comment on legal matters per company policy.