The plaintiff, a former Domino’s Pizza delivery driver who seeks to represent all First Order Pizza delivery drivers in federal court, claims that Defendants broke the law by underpaying its delivery drivers for automobile expenses.Read Full Case Details
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This lawsuit, 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—to make deliveries. Specifically, the drivers claim that the company reimburses a per-mile amount (for example, $.27/mile) that is not enough to cover the drivers’ vehicle expenses. The plaintiff alleges that this under-reimbursement results in a minimum wage or other wage and hour violations.
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 companies usually argue, the drivers allege that the First Order Pizza Domino’s Pizza stores have failed to “reasonably approximate.”
Second, the drivers assert a claim for unjust enrichment, alleging that the First Order Pizza Domino’s Pizza stores’ policy of requiring their minimum wage delivery drivers to cover one of their most substantial business expenses without proper reimbursement results in a violation of common law unjust enrichment. The drivers are conferring a benefit on the company, the company is aware of the benefit, and as a result it would be unjust for the company to retain that benefit without commensurate compensation.
Domino’s Franchisee Defendants file a Reply in Support of their Motion to Dismiss and Compel Arbitration.
Domino’s Franchisee Defendants file a Response in Opposition to Plaintiff’s Motion for Conditional Certification
Plaintiff delivery drivers file their Response in Opposition to Defendants’ Motion to Dismiss and Compel Arbitration. Forced arbitration for minimum wage workers is fundamentally unfair to employees but is commonly required by employers. Our firm has filed similar briefs like this one around the country, arguing these contracts are invalid under the law. You can read more about forced arbitration here.
Domino’s Franchisee Defendants file a Reply in Support of their Motion to Stay Conditional Certification.
The Court grants Defendants’ Motion for an Extension of Time.
Plaintiff delivery drivers file their Response in Opposition to Defendants’ Motion to Stay Conditional Certification.
Plaintiff delivery drivers file their Response in Opposition to Defendants’ Motion for an Extension of Time.
Domino’s Franchisee Defendants file a Motion for Extension of Time to Respond to Plaintiff’s Motion for Conditional Certification.
Domino’s Franchisee Defendants file a Motion to Stay Plaintiff’s Motion for Conditional Certification.
Plaintiff delivery drivers file a Motion for Conditional Certification of an FLSA Collective, requesting authority to inform his fellow delivery drivers of the ongoing litigation.
Domino’s Franchisee Defendants file a Motion to Dismiss and Compel Arbitration.
Plaintiff delivery drivers file a class and collective action Complaint in federal court.
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.
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.
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.
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.
They did a great job and got me every penny that dominos owed me! I definitely recommend them!
– Brittany K.
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.