Delivery Driver Sues Domino's Franchisee Waller Enterprise, Inc.
A former Domino's Pizza delivery driver has sued Waller Enterprise, Inc., the franchise that operates a number of Domino's stores in Northeast Ohio. On behalf of himself and his fellow delivery drivers, the plaintiff is seeking unpaid wages and damages for the company’s alleged failure to fully reimburse delivery drivers for automobile expenses incurred delivering pizzas.
The lawsuit is similar to other “pizza delivery driver lawsuits” that have been filed throughout the country in recent years. The plaintiff claims:
(1) Domino's delivery drivers use their own cars to make deliveries.
(2) Domino's delivery drivers are paid minimum wage, or close to it, for the hours they work for Domino's.
(3) Domino's delivery drivers receive some amount of money as reimbursement for their automobile expenses (i.e., gas, insurance, wear and tear, and repairs), but the plaintiff claims the money he and his fellow drivers receive is not enough to cover their expenses.
The plaintiff claims that the company is required to either keep track of and reimburse for the delivery drivers’ actual expenses, or reimburse at $.575 per mile, which is the current IRS standard business mileage rate. Instead of taking either of these options, the plaintiff claims that Domino's reimburses a set amount per delivery, resulting in the drivers receiving about $.20 to $.30 per mile. By failing to fully reimburse their delivery drivers, the plaintiff claims that Domino's is taking a “kick back.”
The plaintiff seeks the difference between the IRS rate and the rate that the company actually paid for reimbursement as damages in this case. In addition, the plaintiff will seek an additional 2 times their unpaid wages under Ohio law, as well as other damages under federal and state law.
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