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T-Mac Pizza cuts check to delivery driver for alleged under-reimbursed vehicle expense

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On February 9, 2022, a former delivery driver filed suit against T-Mac Pizza, a franchise operator of Domino’s Pizza stores. The lawsuit is called Jimenez v. T-Mac Pizza.

Less than 14 days after the lawsuit was filed, T-Mac Pizza voluntarily wrote a check to the plaintiff for over $2,000, which they claimed was his unpaid wages if the allegations in the complaint were accepted as true. The company denied any wrongdoing, but, according to them, paid this money to avoid the possibility of additional damages.

The plaintiff’s lawsuit was originally filed as a class action on behalf of all T-Mac Pizza drivers. T-Mac Pizza operates Domino’s Pizza stores in Colorado. The plaintiff claims that T-Mac Pizza broke the law when they underpaid drivers for automobile expenses.

Specifically, the lawsuit alleges that because T-Mac Pizza did not keep track of the delivery drivers’ actual vehicle expenses and use those records to determine proper reimbursement amounts, T-Mac was required to reimburse the drivers using the IRS standard business mileage rate, which is currently $.625 per mile.

Because of this alleged underpayment, the driver claims that their effective wages dropped below minimum wage. Instead of using the IRS rate, the driver claims that the Domino’s franchise operators reimburse approximately $.26-$.28 per mile at some locations, and a flat, per-delivery rate between $1.50-2.00 at other locations.

As noted above, shortly after the case was filed, T-Mac Pizza sent a letter to our office containing a check for more than $2,000, which they claimed were the plaintiff’s unpaid wages if his allegations were accepted as true. Despite paying this money to the plaintiff, the company denied and continues to deny that they underpaid him.

Around the same time, the company alleged that the plaintiff entered into an arbitration agreement. As a result, the parties agreed that the federal lawsuit would be stayed so that the plaintiff could pursue his remaining claims in arbitration. Therefore, the case will no longer proceed in federal court as a class action.

Although the case can’t proceed as a class action, our team still stands ready to help T-Mac Pizza employees recover lost wages. We have a proven track record of success in arbitration and are not afraid to go one on one with the pizza industry. You can learn more about pizza driver arbitrations here.

Are you a delivery driver who uses their own car for work? Our firm has helped thousands of delivery drivers recover back wages from the pizza industry. The consultation is free, confidential, and only takes a few minutes. Complete the form below or call us at 513-202-0710 to get started.


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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.