MSD has filed a lawsuit seeking to represent delivery drivers who have worked at two Domino’s franchises in Illinois over the last ten years.
The plaintiff-delivery driver claims that franchisees Rolling in the Dough, Inc. and JWG Enterprises, LLC, along with their franchisor, Domino’s Pizza, have denied delivery drivers proper wages in two distinct ways.
Under-reimbursed automobile expenses and other “kickbacks”
First, the plaintiff alleges that Domino’s does not give sufficient reimbursement payments for the deliveries that their drivers complete. Because the drivers are paid tipped minimum wage (i.e., less than full minimum wage), any under-reimbursed expenses result in a minimum wage violation and an illegal “kickback” to the company. The plaintiff seeks reimbursement of expenses at the IRS mileage reimbursement rate, plus additional damages, on behalf of the drivers.
The companies also make their drivers pay for their uniforms with the Domino’s logo. The plaintiff alleges that since these expenses—just like the delivery costs—are for the benefit of the companies, the employees cannot be required to pay for them.
Tipped minimum wage for non-tipped worked
Second, the plaintiff alleges that Domino’s pays their delivery drivers tipped minimum wage for all of their work hours, including the hours they work inside the store. Since the drivers do not receive tips during this time, the plaintiff claims that they are entitled to at least full minimum wage, plus additional damages, for these hours.
You can read the Class Action Complaint here.
Stand up for your rights
Unfortunately, these drivers are not alone. Check out our video that explains the growing movement of pizza delivery drivers around the country standing up for their rights: Delivery Drivers – Know Your Rights.
Are you a delivery driver? MSD has extensive experience representing delivery drivers. Complete the form below or call us at 513-651-3700 to initiate a free and confidential case evaluation.
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ADVERTISING ONLY: The information on this blog is not, nor is not intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.