Employees at several New York-based Domino’s Pizza locations allegedly were underpaid by at least $565,000 according to a recent complaint by New York State Attorney General Eric T. Schneiderman. The lawsuit filed accuses three Domino’s franchisees of encouraging workers at ten locations to use the ‘PULSE’ payroll system despite knowledge of PULSE’s propensity to underreport gross wages. The action is noteworthy in that it names parent company Domino’s Pizza Inc. as a joint-employer defendant. In support, Schneiderman maintains that Domino’s exercised the requisite level of personal control over employee conditions at each of its franchise locations and is to be held liable for alleged wage and hour violations.
Individual Domino’s franchisees in New York are no strangers to Schneiderman’s claims. In previous litigation the state attorney general has secured $1.5 million in settlements from 12 other defendants who operate a total of 61 New York-based locations. As in the earlier actions, Schneiderman in his latest lawsuit seeks not only a finding that Domino’s defrauded its franchisees but also an award of full restitution on behalf of the alleged short-changed Domino’s employees.
Certain workers are more susceptible to wage disputes and unpaid overtime than others, and delivery drivers are often at the top of that list. A delivery driver is entitled to reimbursement for expenses incurred in connection with their job. Additionally, companies that employ delivery drivers must carefully track and pay all overtime performed by their workers. By forcing delivery drivers to incur driving-related expenses, failing to track their hours worked, and abusing the tip credit, a franchisee may – intentionally or not – pay its delivery drivers less than the minimum wage, representing a violation of the Fair Labor Standards Act.
South Jersey Wage and Hour Lawyers at Sidney L Gold & Associates, P.C Pursue Unpaid Overtime for Workers in New Jersey
In previous litigation, delivery drivers for restaurant franchises like Jimmy John’s Gourmet Sandwiches and Pizza Hut have levied claims similar to those advanced by Schneiderman. If you or a loved one has reason to believe that you have been short-changed by an employer, call South Jersey employment lawyers at Sidney L. Gold & Associates, P.C. at 215-569-1999 or submit this online form to schedule a free consultation in our Philadelphia offices, where we serve clients throughout Southeast Pennsylvania as well as New Jersey and New York. You may be entitled to compensation, including retroactive pay.