On April 21, 2021, Biller & Kimble filed a federal lawsuit on behalf of our client, a Domino’s Pizza delivery driver.
Our client, who worked for a franchisee called DFL Pizza, LLC, filed his suit on behalf of all delivery drivers who worked at DFL and related franchise stores known collectively as “Team Say Yes” Domino’s. He seeks unpaid minimum wages and under-reimbursed expenses incurred while delivering pizzas. He also seeks unpaid wages because he and other drivers were denied meal and rest breaks as required by Colorado law. The plaintiff alleges that DFL Pizza operates about 30 Domino’s Pizza stores in Colorado, Oklahoma, and Wyoming.
The lawsuit is one of many pizza delivery driver suits filed against Domino’s franchisees across the country. In these lawsuits, pizza delivery drivers allege that pizza companies under-reimburse them for mileage and vehicle expenses.
Without delivery drivers, pizza companies would have to purchase their own cars. To save money, these companies require drivers to provide and maintain their own cars as a condition of employment. It’s a great deal for the company, but not for the delivery drivers.
Gas isn’t free. Car parts aren’t free. Lawsuits like this one claim the company’s policy unlawfully shifts its costs of running the business onto employees—taking a “kick back” from their pay.
The Department of Labor Handbook requires that if a company makes their delivery drivers to provide cars to use at work, the company must either:
(1) Reimburse drivers at the IRS mileage rate ($0.56 per mile in 2021), OR
(2) Keep records of the drivers’ actual vehicle expenses and reimburse for those actual expenses.
In May, a federal judge agreed with us and granted summary judgment to our clients who work for a Jet’s Pizza franchise in Ohio. Learn more about that decision here.
The lawsuit against DFL alleges that the company has also run afoul of these requirements. As a result, the plaintiff delivery driver is seeking the full amount of the under-reimbursement per mile at the IRS rate, plus additional damages under federal and state law.
The suit also asserts a claim, unique under Colorado law, that the company denied drivers meal and rest breaks they were entitled to receive.
Are you a delivery driver who has been under-reimbursed while making deliveries? You are not alone. You may be owed back wages and additional damages under federal and state law. Contact Biller & Kimble for a free consultation by completing the form below or calling us at 513-202-0710.
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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.