Wage and Hour Suit Filed Against Three Domino’s Pizza Operators Over Delivery Expenses

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A former delivery driver for Domino’s Pizza has filed suit against three franchise operators over alleged wage violations stemming from under-reimbursement for out-of-pocket expenses.

The suit names as defendants Austyn Spencer Enterprises, LLC; Blue Sky Pizza, LLC; and Rhett Hightower, the operating companies of several Domino’s Pizza franchises in Montana and Idaho. The plaintiff, who worked for the defendants out of Billings, Montana, alleges that his effective pay rate often fell below the required minimum wage as the companies failed to properly reimburse him for delivery expenses, such as gas and car repair costs. The suit notes that the man’s car maintenance expenses were higher than normal due to the vehicle’s “rapid depreciation” from constant driving.

According to the case, the plaintiff received a flat reimbursement rate of $1.02 per delivery, resulting in an “unreasonably low” per-mile rate that failed to cover his actual expenses. Based on the lowest business mileage reimbursement rate set forth by the IRS at the time, the suit estimates that the man was underpaid by $1.65 per delivery.