Domino’s class action alleges company fails to pay delivery drivers proper minimum, overtime wages

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Domino’s delivery driver wage theft class action lawsuit overview: 

• Who: Sarah Bryant filed a class action lawsuit against Domino’s Pizza, Inc. 
• Why: Bryant claims Domino’s fails to pay its delivery drivers legally mandated minimum and overtime wages. 
• Where: The class action lawsuit was filed in Michigan federal court. 

Domino’s Pizza took an unlawful tip credit from the wages of its delivery drivers and failed to adequately reimburse them for delivery-related expenses, a new class action lawsuit alleges. 

Plaintiff Sarah Bryant claims Domino’s alleged actions and inactions resulted in it not paying its delivery drivers the “legally mandated minimum and overtime wage for all hours worked.” 

Bryant, a former Domino’s delivery driver, claims Domino’s “repeatedly and willfully” violates the Fair Labor Standards Act (FLSA) with what she argues are uniform practices.

“All delivery drivers at Domino’s stores, including Plaintiff, have been subject to the same employment policies and practices, including policies and practices with respect to wages, the tip credit and reimbursement for out-of-pocket expenses,” the Domino’s class action states. 

Domino’s class action says FLSA barred from taking ‘kickback’ of expenses 

The FLSA, Bryant argues, bars a company from taking a “kickback” of expenses related to the job that would “cut into the minimum wage or overtime otherwise required to be paid under the Act.” 

A delivery driver’s vehicle expenses, meanwhile, are considered “tools of the trade,” and the subsequent cost of delivering food for an employer is a “kickback” that must be reimbursed in full, the Domino’s class action alleges, citing a prior complaint.

Bryant demands a jury trial and requests declaratory relief along with appropriate monetary and equitable relief for herself and all class members. 

Bryant wants to represent a nationwide class of current and former Domino’s delivery drivers who have had a tip credit taken from their wages and not been reimbursed for delivery-related expenses. 

In 2021, the owner of a number of Domino’s locations in Georgia offered delivery drivers a settlement to resolve a class action lawsuit claiming the drivers had been paid less than minimum wage. 

Have you been paid under the legal minimum wage by your employer? Let us know in the comments! 

The plaintiff is represented by James L. Simon of Law Offices of Simon & Simon and Michael L. Fradin of The Law Office of Michael L. Fradin. 

The Domino’s Delivery Driver Wage Theft Class Action Lawsuit is Bryant v. Domino’s Pizza, Inc., et al., Case No. 2:22-cv-11319, in the U.S. District Court for the Eastern District of Michigan.

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