On February 4, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Eastern District of New York against MSK Management, LLC, S.I. Pizza, Inc., and Mohammad S. Khan a/k/a Mike Khan, who together run 47 separate Domino’s franchises in New York, New Jersey, and Pennsylvania including the Domino’s franchises located at 3902 Richmond Avenue, Staten Island, New York 10312 and 1430 Richmond Avenue, Staten Island, New York 10314. The lawsuit is filed on behalf of all delivery drivers who work or have worked for the 47 separate Domino’s franchises/subsidiaries run and/or owned by MSK Management, LLC and Mohammad S. Khan (collectively, “Domino’s”).
The lawsuit alleges that Domino’s and its owners and operators instituted many practices and policies that violate its delivery drivers’ rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). In this regard, the lawsuit alleges that Domino’s failed to pay its delivery drivers the full minimum wage rate for all hours worked up to and including 40 hours per week and failed to pay overtime (time and one-half the full minimum wage rate) for all hours worked in excess of 40 per workweek, as required by the FLSA and NYLL. Moreover, the suit alleges that Domino’s required delivery drivers to use their own personal vehicles and cell phones while at Domino’s, but they failed to reimburse its delivery drivers for the mileage, fuel, repair, maintenance, insurance and depreciation involving their personal vehicles as well as the call time, data, and text messages involving their personal cell phones as required by the FLSA. In addition, the suit alleges that delivery drivers were expected to perform substantial non-tipped producing side work in the store while still being paid below the full statutory minimum wage as well work several hours off-the-clock for which they did not receive any compensation. Lastly, the suit alleges that Domino’s failed to provide delivery drivers the correct spread-of-hours pay and/or reimburse delivery drivers for uniform-related expenses incurred by them.
Current and former delivery drivers for Domino’s should contact us to see if you are eligible to join the case. Please contact the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com. You can also view the complaint by clicking here.