Federal law prohibits employers from paying employees less than minimum wage, either outright or by improperly shifting costs onto employees.
If you worked for MSNF Foods and are interested in pursuing unreimbursed expenses, contact us for a free consultation.
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This lawsuit was filed on February 19, 2025 on behalf of pizza delivery drivers who have worked for any of the MSNF Foods locations since February 19, 2019.
The Claims
The lawsuit asserted claims that are all too common in the pizza industry.
Unreimbursed for Vehicle Costs
First, the plaintiff claims that the drivers were not adequately reimbursed for the costs associated with using their own vehicles to perform work for the MSNF Foods’ Domino’s stores.
Throughout the relevant time, upon information and belief, MSNF Foods reimbursed their delivery drivers with a per-delivery reimbursement payment regardless of how many miles the delivery required.
The drivers’ position is that they must be reimbursed at the IRS standard business mileage rate (currently $0.70 per mile) when the employer does not collect records of their drivers actual expenses and reimburse them based on those records.
Plaintiff alleges that MSNF Foods’ compensation and reimbursement policies and practices violate the federal Fair Labor Standards Act, and various state wage and hour laws.
Learn more about the drivers’ “under-reimbursement” claim here.
Violation of the Rules for Claiming a Tip Credit
Second, Plaintiff alleges MSNF Foods failed to properly claim a “tip credit” against the minimum wage because they failed to actually pay the wage rate they promised to pay, after accounting for under-reimbursement expenses.
In addition to under-reimbursed expenses, the drivers claim they are entitled to the difference between full minimum wage and the “tipped wage rate” the employer claimed to pay, because the employer failed to meet the requirements for taking a tip credit. For example, if a driver was paid $5.00 per hour on the road in a state where minimum wage was $7.25, they would be entitled to $2.25 for each hour worked ($7.25-$5.00=$2.25) if the plaintiff prevails on this claim.
Unjust Enrichment
In addition, Plaintiff asserts claims for unjust enrichment. Plaintiff alleges that MSNF Foods’ Domino’s stores unfairly benefit by requiring their minimum wage delivery drivers to cover one of their most costly business expenses – the vehicles used for delivery purposes – without proper. The drivers are conferring a benefit on the company, the company is aware of the benefit, and it would be unjust for the company to retain that benefit without commensurate compensation.
Complaint filed.