Courtney Jorstad  |  February 13, 2014

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Domino's PizzaA Domino’s Pizza Inc. franchisee in New York City has reached a $1.3 million class action settlement with former delivery workers who alleged that they were paid sub-minimum tip wages while working for the restaurant.

The allegations against DPNY Inc., the franchisee which owns four Manhattan Domino’s pizza restaurants, included not paying minimum wage and overtime, violating the tip credit rule, not giving employees a lunch break, not paying for uniforms, and punishing employees who complained.

The wage and hour lawsuit was filed by Carlos Rodriguez Herrera and Anatole Yameogo, both bicycle deliverymen who said that they worked far more hours than they were paid for.

“One manager told me you will work more than 50 hours a week but we’ll pay you for 40,” Yameogo said. “That helps the managers increase their bonus.”

The Domino’s Pizza employee class action settlement covers 61 workers from the New York franchisee. Each employee will receive anywhere from $400 to $61,300, based on how long each deliveryman has worked for the company.

DPNY owner David Melton said he agreed to the wage settlement because he wanted “to get the situation behind us and move forward with our business.”

Attorneys say that the provisions in the $1.3 million settlement exceeded that of similar deals. Now, other fast food franchise owners are worried about what this could mean for them.

The settlement Domino’s made with its pizza delivery employees came out of the bankruptcy the franchise was going through, which made the circumstances very unique.

However, attorneys say that for a wage lawsuit of this kind, the settlement amount is unusually large, and that the terms of the settlement raise it beyond the scope of the Fair Labor Standards Act.

In addition to agreeing to the class action settlement, Domino’s also agreed to pay only minimum wage, not tips, and that it would also cover bike repairs and also cover outerwear for employees.

Another wage and hour lawsuit was filed against a Domino’s pizza franchise in Massachusetts alleging that Domino’s did not pay delivery workers the “service charge” tacked onto the bill, which the employees argue are supposed to be passed onto the employees according to Massachusetts Tip Act.

The appellate court in New York recently ruled that companies are supposed to pass all service charges onto the employees, unless it is made clear to the customer that the money will be kept by the employee.

 

If you or someone you know did not receive all the money they earned, legal options are available to you. Learn more and get a free consultation regarding a claims eligibility at the Wage & Hour Unpaid Overtime Class Action Lawsuit Investigation. Experienced legal professionals are able to determine if you have a case. You could receive back pay as well as penalties. Don’t delay — the statute of limitations under the FLSA is two to three years, depending on the state, so act now.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

 

 

 

One thought on Domino’s Pizza Workers Win $1.3M Settlement Over Unpaid Tips, Wages

  1. Deborah Powell says:

    I worked for Dominos as a driver. Will I receive anymore money

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.