Contact Us Today

Online Form

P (513) 202-0710

 
 

McCumbee v. M Pizza, Inc., et al. Lawsuit filed by Domino’s Delivery Driver

Like many other similar cases around the county, the lawsuit alleges that the company enacted and enforced reimbursement policies that resulted in their delivery drivers making less than minimum wage for the hours they work after accounting for expenses.

The lawsuit asserts claims against a number of Defendants that Plaintiff alleges operate Domino’s franchises in West Virginia, Maryland, Pennsylvania, and Virginia: M Pizza, Inc.; Michael Clise; Margaret Clise; and Robert Clise.

 

Read Full Case Details
 

Join This Case

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Case Details

 

McCumbee v. M Pizza, Inc., like the many similar pizza delivery driver lawsuits around the country, alleges that the company and its owners under-pay their delivery drivers for the costs the drivers sustain when they use their cars for the company’s purposes, i.e., to make deliveries. Specifically, the drivers claim that the company reimburses them for their expenses on a per delivery basis. For example, M Pizza, Inc. has paid reimbursed their delivery drivers at the rate of $1.60 per delivery. Based on the average amount of miles each delivery takes, this reimbursement is not enough to cover the drivers’ vehicle expenses, and results in minimum wage or other wage and hour violations.

The Claims

Under-reimbursement of Vehicle Expenses

First, the plaintiff alleges that the company does not properly reimburse for vehicle expenses.

The drivers’ position is that they must be reimbursed at the IRS standard business mileage rate (currently $.625 per mile) when the employer does not collect records of the drivers’ actual expenses and reimburse based on those records.

Even if the company is permitted to reimburse based on an “approximation,” as we expect the defendants will argue, the plaintiff alleges that the Apex Pizza Papa John’s stores have failed to “reasonably approximate” their expenses.

Plaintiff alleges that this practice violates the federal Fair Labor Standards Act and West Virginia wage and hour laws.

 Unjust Enrichment

In addition, the plaintiff asserts a claim for unjust enrichment. He alleges that the M Pizza, Inc.’s Domino’s Pizza stores unfairly benefit by requiring their minimum wage delivery drivers to cover one of their most costly business expenses without proper reimbursement. 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.

Client Reviews

"I highly recommend Biller & Kimble"

     
 

They did excellent work on a class action suit I was involved with against Dominos. I was in frequent contact with Phil and he was always good in getting back to me if I had any questions about the case and recommendations about litigation.

– Ben B.

"Representation with the utmost integrity."

     
 

Andrew Kimble provides legal counsel and representation with the utmost integrity. I know this from personal experience. Also, he treated me with respect. He was thorough in explaining details of the case and always willing to answer my questions. I am extremely grateful for everything he has done for me.

– Desera S.

"Very professional and always friendly."

     
 

These guys are the best!! Very professional and always friendly and keep you updated on your case ! When I found the amount I was receiving I was very pleased! Thanks guys

– Travis J.

"They are amazing!"

     
 

Man, I didn’t realize a company was screwing up my pay. Biller and Kimble LLC were on it, and got me a nice 4 figure check that I wasn’t even expecting! They are amazing!!!

– Jarvis K.

"I definitely recommend them!"

     
 

They did a great job and got me every penny that dominos owed me! I definitely recommend them!

– Brittany K.

"[She] was such a pleasure to work with."

     
 

I’m super thankful for getting to work with Emily from Biller & Kimble. She was really helpful and explained every detail so I could understand everything that was going on with the case. She did everything for the best interest of me and was such a pleasure to work with. Thank you so much!

– Rachel H.