NEW YORK — A Manhattan Domino’s franchise agreed to pay $1.28 million to settle the overtime pay lawsuit with its delivery workers. The national Domino’s Pizza company was also named as a defendant because it either knew or should have known about the franchise’s alleged violations. The class-action lawsuit alleged regular timecard alterations that denied employees overtime pay. Carlos Rodriguez-Herrera filed the initial lawsuit against the franchise claiming he worked 65 hours a week, yet was often only paid for 45 hours. He was not the only one from the four franchise locations with significant time record discrepancies. Another deliveryman in the class action remembers working a 10-hour shift, but his pay stub only showed him working five hours. This practice of under-reporting the hours worked for delivery workers was allegedly a common practice that helped managers’ receiver larger bonuses.
The affected employees also allegedly had to pay for their own uniforms, were denied their lunch breaks, and were paid improper wages beyond the denied overtime. For instance, the deliverymen were paid the tipped wage, $5.65 an hour, even when they were doing non-tipped wage work, like cleaning ovens. The franchise’s alleged improper time keeping methods not only reduced delivery workers recorded “hours worked,” it failed to record tips and whether they performed tipped or non-tipped work.
Pizza delivery workers are generally paid tipped wages. Tipped wages are lower than the minimum wage levels, like $5.65 in New York, because the workers are expected to make enough in tips to meet or surpass the actual minimum wage. However, pizza delivery workers occasionally do more than just make deliveries. If they do non-tipped duties, their employer is supposed to pay at least the minimum wage for the hours of non-tipped worked. Regardless of whether the pizza delivery worker is being paid a tipped wage or the minimum wage, the delivery worker is entitled to overtime and at the full minimum wage rate, currently $8 an hour in New York. This means that even if the Domino’s pizza delivery workers were just getting paid $5.65 an hour, they would still get full time-and-a-half or $12 for each overtime hour.
Calculating overtime pay can be confusing, particularly if you perform both tipped and non-tipped work. It can be even harder to calculate if your employer fails to consider and record all of your “hours worked.” If you or someone you know works as a delivery worker or in a similar position and you believe your employer has denied you overtime, call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top rated team of overtime pay lawyers will evaluate your situation. We will determine if you have a claim and calculate the amount of overtime to which you are entitled. If we represent you under our No Fee Promise, there are never any legal fees or costs unless you receive a settlement.
We represent pizza delivery men in overtime pay lawsuits against Dominos, Pizza Hut, Papa John’s, California Pizza Kitchen, Round Table, Godfather’s, Cici’s Pizz, Jet’s, Hungry Howies, Uno Chicago Grill, Peter Piper, Pizza Inn, Little Caesars, Hungry Howie’s, and all other pizza restaurant and stores.