In October 2018, a federal judge in Dayton, Ohio approved a settlement that pays $850,000 to over 400 Domino’s Pizza delivery drivers in the Dayton area. The settlement will result in each driver receiving an average of over $2,000.
In addition to the payment to the drivers, the settlement also requires the local Domino’s franchisee to pay $250,000 in attorneys’ fees and costs. These attorneys’ fees and costs will be paid separately from the amount awarded to drivers. As a result, no driver will see a reduction in their settlement amount for attorneys’ fees and costs.
In the lawsuit, the drivers claimed their employer illegally underpaid them by (1) paying minimum wage or a tipped wage rate, and (2) failing to fully reimburse drivers for the expenses of operating their own cars to deliver pizzas. Instead, the restaurant reimbursed a set amount per delivery (for example, $.90 per delivery). Unfortunately, many pizza delivery drivers throughout the country are losing money in the same ways, but might not know their rights.
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.
Are you a delivery driver? You may be owed back wages for the same reason.
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ADVERTISING ONLY: The information on this blog is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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.