Another Domino’s Pizza franchise has been held accountable for wage violations after a court in North Carolina granted certification, confirming that those current and former delivery drivers harmed by Defendants’ wrongful pay practices are in fact similarly situated. Neira v. Goodfella’s Pizza, Inc. et al., filed in the Western District of North Carolina, is just one of many pizza delivery lawsuits Forester Haynie has filed in an effort to challenge companies that fail to pay their employees fairly, in accordance with the law.
Defendant, Goodfella’s Pizza, Inc. (d/b/a Domino’s Pizza), operates multiple franchises across North and South Carolina that fail to appropriately reimburse employees for mileage and other vehicle operation costs. The franchises require each delivery driver to provide their own vehicle and requires those vehicles to be insured and kept in good condition. Plaintiff’s Complaint alleges that because of this requirement, delivery drivers end up paying out-of-pocket for additional costs incurred by maintaining their vehicles (ie: gas, oil, repairs, insurance, depreciation, etc.).
Many franchises, such as Goodfella’s Pizza, fail to pay for these “out-of-pocket” expenses and instead provide a mileage reimbursement, in addition to the drivers’ hourly rate, that ultimately falls below the applicable minimum wage requirement. Our firm recognizes that Defendants paid well below the standard IRS reimbursement rate of $0.53 per mile and inaccurately estimated the expenses of owning and operating a vehicle. Failure to correctly reimburse these additional expenses means our clients’ wages fell well below the federal minimum wage, directly violating the Fair Labor Standards Act (FLSA).
A notice period was initiated in the instant case on August 27, 2020 in compliance with the court granting certification of the class. This notice period allows Plaintiff to send a notification of the instant lawsuit to all current and former delivery drivers that worked for Defendants, within the three years predating the filing of the Complaint, in order to give them an opportunity to join the lawsuit.
By joining the lawsuit against Goodfella’s Pizza, those who opt-in will be entitled to relief at the conclusion of the litigation.
The Fair Labor Standards Act (FLSA) mandates payments of minimum wage and overtime to most employees. If you have reason to believe you may be owed wages because your employer is failing to meet these standards, please contact us.
