BROOKLYN N.Y. Three former Domino's Pizza delivery drivers are suing the chain, claiming they earned less than minimum wage.
In a lawsuit filed earlier this month in U.S. District Court here, the ex-employees claim that Domino's did not reimburse them sufficiently for car maintenance and other job-related expenses, which pushed their pay below federal and New York state minimum wages.
The lawsuit, which seeks class-action status, also accused the company of violating New York labor law by not paying weekly uniform maintenance allowances, imposing “excessive deductions from employees’ wages,” keeping gratuities belonging to its employees and failing to keep records.
Aspokesman for Domino’s, in Ann Arbor, Mich., said in a statement to Nation’s Restaurant News: "These three plaintiffs are disgruntled former employees, who lost their union organizing effort back in 2007. Apparently they have not yet been able to completely move on once they left our employ. [Domino’s] pays our drivers the full minimum wage and they keep any and all tips. We look forward to defending ourselves successfully against these allegations.”
The plaintiffs, Ernesto Bodon, Kevin Curry and Donna Annunziato, all worked at the same Domino’s location in Queens between 2004 and 2008. The lawsuit says Domino’s paid the plaintiffs “an hourly wage at or around the New York minimum wage,” which is currently $7.15.
Foodservice employers in the state are allowed a $2.55 hourly tip credit for tipped employees, but the lawsuit said that Domino’s did not rely on that credit. The suit also said the payment for car maintenance and other delivery-related expenses was less than the actual incurred expenses.