Domino’s Delivery Driver Files Suit Seeking Reimbursement for Vehicle Expenses

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M & G Pizza Enterprises, LLC and an individual owner are facing an employee’s claims that the defendants pay pizza delivery drivers at their various Domino's restaurant locations less than minimum wage. Specifically, the lawsuit alleges that delivery drivers are not properly reimbursed for expenses associated with operating their own vehicles, which, when subtracted from their pay, cause the workers' wages to fall below the federal minimum rate.

According to the complaint, the drivers, while operating their vehicles for the defendants’ benefit, incur costs for, among other expenses, gasoline, vehicle maintenance and repair, insurance, and depreciation. The plaintiff says he was reimbursed $0.28 per mile while working as a delivery driver—well below the IRS business mileage reimbursement rate, which, the suit points out, ranged from $.535 and $.575 per mile during the relevant time period.

The plaintiff claims his pay rate of $5.00 per hour plus tips landed just above the federal minimum rate, meaning the unreimbursed expenses he incurred resulted in a below-minimum rate. From the complaint:

“Because Defendants paid their drivers a gross hourly wage at precisely, or at least very close to, the federal minimum wage, and because the delivery drivers incurred unreimbursed automobile expenses, the delivery drivers ‘kicked back’ to Defendants an amount sufficient to cause minimum wage violations.”