Alexia Stevens, a former Domino’s driver is suing Pizza Brake Inc., a company that currently owns multiple Domino’s franchises throughout the state. This lawsuit has been filed on behalf of all drivers who have worked for any Pizza Brake Inc. franchises. Forester Haynie’s new lawsuit alleges that by unlawfully under-reimbursing delivery drivers for their mileage, Domino’s Pizza is effectively paying workers in their Iowa franchise 35 cents an hour. This is clearly well below the federally mandated minimum wage under the Fair Labor Standards Act (FLSA).
Stevens alleges that “the company’s reimbursement rate for the use of drivers’ personal vehicles is so low that it amounts to a “kickback” to the company, and has the effect of reducing the workers’ net wages to 35 cents an hour.”
Mileage reimbursement is meant to repay drivers for the costs associated with additional wear and tear and general maintenance for their vehicles. As detailed in the current lawsuit, delivery drivers often have more frequent and costly maintenance and the nature of the job often leads to a more rapid depreciation of their vehicles. Drivers experience lower gas mileage and higher repair costs due to frequent braking, shorter routes, fewer highway miles and the speed associated with deliveries.
The standard mileage reimbursement rate for business use according to the IRS is currently 56 cents per mile. Stevens reports that she was paid standard minimum wage but was only given an additional 20 cents per mile, while making deliveries for Domino’s between 2019 and 2021. Shortchanging the drivers with lower mileage reimbursement results in drivers making a net take home pay well below the federal minimum wage.
The lawsuit was filed in U.S. District Court for the Southern District of Iowa. Forester Haynie has filed similar lawsuits in other jurisdictions around the United States, including but not limited to, New Jersey, New York, Washington, and Texas.
