Delivery drivers are often faced with unfortunate working conditions such as bad weather, no tips, deadlines, ungrateful customers, and unsafe neighborhoods. However, many drivers do not realize that they may also be getting taken advantage of by their own employers. On February 5th, 2016, a class action FLSA lawsuit was filed by Fitapelli & Schaffer against Domino’s franchises and subsidiary owners MSK Management, LLC and Mohammad S. Khan. The lawsuit is filed on behalf of all delivery drivers who work or have worked for their 47 Domino’s franchises/subsidiaries.
This lawsuit alleges that Domino’s and its owners and operators instituted many practices and policies that violate its delivery drivers’ rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). In this regard, the lawsuit alleges that Domino’s failed to pay its delivery drivers the full minimum wage rate for all hours worked up to and including 40 hours per week and failed to pay overtime (time-and-one-half the full minimum wage rate) for all hours worked in excess of 40 per workweek, as required by the FLSA and NYLL.
Moreover, the suit alleges that Domino’s required delivery drivers to use their own personal vehicles and cell phones while at Domino’s, but they failed to reimburse its delivery drivers for the mileage, fuel, repair, maintenance, insurance and depreciation involving their personal vehicles as well as the call time, data, and text messages involving their personal cell phones as required by the FLSA. In addition, the suit alleges that delivery drivers were expected to perform substantial non-tipped producing side work in the store while still being paid below the full statutory minimum wage as well work several hours off-the-clock for which they did not receive any compensation. Lastly, the suit alleges that Domino’s failed to provide delivery drivers the correct spread-of-hours pay and/or reimburse delivery drivers for uniform-related expenses incurred by them.
These alleged violations happen frequently in this industry. If you or anyone you know is a current or former delivery driver for Domino’s have them contact us to see if you are eligible to join this FLSA case. Please contact the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com. You can also view the complaint by clicking here Domino’s – Complaint (Final) .