EMPLOYMENT LITIGATION

CASE: DOMINO'S PIZZA

ISSUES: Minimum Wage, Overtime, Reimbursement, Mileage, Delivery Charge, Tips, Uniform

Summary:

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.

RECORD SETTING AWARDS AND SETTLEMENTS

FOR OUR CLIENTS


$19,100,000

$19.1 Million for Tipped Restaurant Workers. (pending court approval)

Workers such as servers, bussers, runners bartenders, barbacks and other tipped workers at a large national casual dining chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime, spread-of hours, misappropriated tips, uniform-related expenses and unlawful deductions.

$15,900,000

$15.9 Million for Personal Bankers.

The firm was able to recover overtime compensation for personal bankers and others similarly situated at a national bank that operates hundreds of branches throughout the United States. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales quotas but were not compensated overtime for their pay.

$14,500,000

$14.5 Million for Spam Text Victims

Fitapelli & Schaffer was able to recover damages for recipients of unwanted promotional text messages from a popular young adult clothing retailer. The clothing company allegedly violated the Telephone Consumer Protection Act by sending text messages to recipients’ cellular phones without their prior express written consent.

$7,000,000

$7.0 Million for Bank Loan Officers

The firm was able to recover overtime compensation for loan officers at a national bank that operates more than hundreds of branches nationwide. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales goals but were not compensated overtime for their pay.

$5,900,000

$5.9 Million for Commissioned Car Salesmen.

One of the largest auto dealerships in the NYC Metropolitan Area agreed to pay owed wages to its car salesmen. The company was accused of failing to pay salesmen the proper minimum wage, overtime pay, commissions, and made unlawful deductions from their earned wages in violation of federal labor laws.

$4,300,000

$4.3 Million for Personal Bankers

Even though personal bankers at this nationwide bank were classified as exempt from receiving overtime pay, the company routinely required them to work in excess of 40 hours per week. There are federal laws that help protect workers from misclassification and in this situation; Fitapelli & Schaffer was able to recover unpaid overtime for personal bankers throughout the United States.

$4,300,000

$4.3 Million for Entertainers at Gentleman’s Clubs

F&S represented entertainers at a popular gentleman’s club in New York City that claimed the club failed to pay them the proper wages. The entertainers were able to recover owed wages that included unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained tips, unlawful deductions, and uniform-related expenses.

$3,600,000

$3.6 Million for Tipped Employees at Upscale Restaurant

Tipped workers alleged that a Mexican Michelin rated restaurant with 17 locations denied them overtime pay, minimum wages, and call-in pay. Our firm was able to recover wages for these tipped employees that included servers, bussers, bartenders, food runners and barbacks.

$3,400,000

$3.4 Million for Assistant Managers at Bank

Fitapelli & Schaffer successfully recovered unpaid overtime for assistant managers on a salary at a bank with locations nationwide. The salaried workers argued that they were wrongfully classified as exempt from receiving overtime when working over 40 hours per week.

$3,000,000

$3.0 Million for Bank Loan Officers

The fast food chain allegedly misclassified its assistant managers as salaried workers and considered them exempt from receiving overtime pay when working over 40 hours per week. Fitapelli & Schaffer was able to recover overtime compensation for all of the popular fast food chains’ assistant managers nationwide, with the exception of California.

$2,836,000

$2.9 Million for Tipped Restaurant Employees.

Fitapelli & Schaffer was able to recover unpaid minimum wages, overtime, spread-of hours, and unlawful deductions for tipped restaurant workers at a popular dining chain. Affected workers included servers, bussers, runners bartenders, barbacks and other tipped workers.

$2,250,000

$2.25 Million for Tipped Workers at Chain Sports Bar

proper minimum wage and overtime. Fitapelli & Schaffer helped the workers recover owed wages to the following positions: servers, bussers, bartenders, and other tipped workers under federal and state labor laws.

$2,000,000

$2.0 Million for Bank Loan Officers

Fitapelli & Schaffer was able to successfully recover unpaid overtime for loan officers at a nationwide bank that operates over one thousand locations across the United States. Loan officers for the company alleged that even though they were hourly employees and consistently worked over 40 hours per week they were working off the clock and not getting overtime pay.

$1,950,000

$1.95 Million for Health Care Workers

A New York based health insurance provider allegedly had its health care workers working over 40 hours per week but required they submit weekly timesheets that only showed they worked 37.5 hours. Fitapelli & Schaffer was able to successfully recover compensation for unpaid wages, overtime and spread of hours pay.

CONTACT

FITAPELLI & SCHAFFER LLP


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