Updated: Sep 11, 2020
Biller & Kimble is proud to announce a recent settlement on behalf of Domino’s drivers in Ohio.
On January 18, a federal court approved a settlement awarding over $1 million to 173 pizza delivery drivers who worked at Domino’s in the Cincinnati area. The pizza franchise will also pay attorney’s fees and costs of $355,000 in addition to the $1 million settlement to the drivers.
The drivers will receive an average of $6,000 per person. The judge also awarded an extra $10,000 to the driver who originally filed the case.
This award amounts to approximately 2 times drivers’ unpaid wages, as calculated under the settlement agreement.
In the lawsuit, the drivers claimed their employer illegally underpaid them in two ways. Unfortunately, many pizza delivery drivers throughout the country are losing money in the same ways, but might not know their rights.
First, the drivers made a “reimbursement” claim. The drivers alleged that Domino’s and its local franchisee failed to fully reimburse them for the expenses of operating their own cars to deliver pizzas, but instead reimbursed a set amount per delivery (for example, $1.15 per delivery). The Department of Labor’s Field Operations Handbook states that employers should reimburse their drivers their actual expenses or the IRS rate of about $0.55 per mile. Anything less may break the law.
Second, the drivers made a “dual jobs” claim. This means the drivers alleged that they actually worked in two different jobs—one outside, delivering food; and the other inside, cleaning, taking orders, and making food. The drivers claim they had to be paid full minimum wage for their hours inside the store, when they were not receiving tips. Many pizza shops pay employees at two different wage rates for inside and outside work, but some still do not.
The settlement resolved both claims.
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Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.