On February 19, 2025, a New Jersey pizza delivery driver filed suit against MSNF Foods, a Domino’s franchise operator. Seeking to represent similarly situated drivers, the lawsuit zeros in on a trio of grievances—unreimbursed vehicle costs, mishandled tip credits, and unjust enrichment—that echo long-standing tensions in the pizza delivery world. MSNF Foods pays a flat rate per delivery, no matter how many miles a run demands—whether it’s a quick dash or a cross-town haul. The lawsuit argues this falls short of fair, insisting that without tracking actual expenses like gas and maintenance, MSNF Foods should pay at or around the IRS standard mileage rate of $0.70 per mile.
Instead, the lawsuit claims, these low reimbursements leave drivers covering a hefty slice of the company’s delivery costs, dragging their effective wages below the minimum required by the federal Fair Labor Standards Act and state laws. It’s a common complaint in the pizza industry, with drivers pointing to a growing stack of cases challenging flat-rate policies that don’t cover the real price of the job.
This issue ties directly into the next grievance: how MSNF Foods handles tipped wages. Under federal law, employers can pay tipped workers less than full minimum wage—relying on tips to bridge the gap—but only if they follow strict rules, like ensuring the promised base wage holds up. The drivers allege MSNF Foods claim a tip credit from the drivers pay, but don’t even pay the tipped wage rate they promise.
Picture a driver earning $5.00 an hour on the road in a state with a $7.25 minimum wage; if those vehicle costs eat into that $5.00, their take-home pay dips below what’s owed. Under-reimbursement not only cuts their pay but also undermines the company’s right to that tip credit. Flowing from these wage disputes is a broader accusation of unjust enrichment. The drivers contend that MSNF Foods reaps a windfall by leaning on minimum-wage workers to shoulder a major business expense—the vehicles that keep deliveries rolling. By pocketing the savings from low reimbursements, the company benefits while drivers bear the burden—a setup the plaintiffs claim is both unfair and unlawful.
The drivers are not just asking for back pay; they’re challenging a system they see as stacked against them. This isn’t just a skirmish over one Domino’s franchise. It’s part of a larger reckoning in the pizza industry, where rising costs and stagnant wages have drivers pushing back against exploitative practices. With the legal wheels now turning, the plaintiff is seeking damages to recover what these Domino’s delivery drivers are owed after years of alleged underpayment. If you’re a pizza delivery driver for MSNF Foods, reach out to our firm today.
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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.