Matt Luiken and Jon Sandquist v. Domino’s Pizza, LLC
In March 2009 we filed a lawsuit on behalf of pizza delivery drivers working for Domino’s corporate stores. The lawsuit alleges in part that pizza delivery drivers were deprived of the federal minimum wage as a result of Domino’s failure to fully reimburse them for vehicle related expenses.
The Luiken lawsuit, in addition to asserting federal minimum wage claims, also alleges that Domino’s violated Minnesota law by keeping the “delivery charge” that was paid by customers. The Complaint alleges that, under Minnesota law, the drivers, and not the company, should have received those fees. The case also includes additional legal claims under Minnesota law. Plaintiffs contend that by failing to reimburse them for their travel expenses, Domino’s functionally failed to pay delivery drivers the minimum wage.
The deadline to assert Federal FLSA minimum wage claims in the Luiken lawsuit was December 7, 2010. Over 3,200 drivers joined the Luiken case.
Roger Nelson, et al., v. Domino’s Pizza, LLC
On January 14, 2011, we filed a new case against Domino’s Pizza, LLC. The Complaint in this lawsuit, Roger Nelson, et al., v. Domino’s Pizza, LLC, alleges federal FLSA minimum wage claims similar to those in the Luiken case. In order to participate in the Nelson lawsuit you must have worked as a delivery driver at a Domino’s corporate store within the past three years and you must sign and return the Consent Form to our office so that we can file it with the Court. Your Consent Form will be filed in the new case, Nelson, et al., v. Domino’s Pizza, LLC, as the deadline to join the Luiken lawsuit has passed.
In both the Luiken and Nelson lawsuits, Plaintiffs seek compensation for the difference between the federal minimum wage and the amount they were actually paid, in light of the fact that their expenses were not fully reimbursed.
In addition to the Luiken and Nelson lawsuits, Nichols Kaster also represents Domino’s employees and prospective employees in Singleton v. Domino’s Pizza, LLC. The Singleton lawsuit alleges that Domino’s routinely obtain and uses consumer reportss to conduct background checks on employees and prospective employees. The Complaint alleges that Domino’s violates the Fair Credit Reporting Act (“FCRA”) by using the information obtained in these reports to make important employment decisions (such as whether to hire, fire, or promote employees). To learn more about this case, please click here.
What Is The History Of These Cases?
Luiken, et al., v. Domino’s Pizza, LLC
On March 4, 2009 we filed Luiken, et al, v. Domino’s Pizza, LLC in federal court in Minnesota.
On November 3, 2009 we filed an Amended Complaint with more fact-specific allegations.
On March 1, 2010 we filed our Motion for Conditional Class Certification as to the proposed class’ federal minimum wage claims.
On June 21, 2010 the court issued an Order granting our Motion for Conditional Class Certification.
On July 23, 2010, Judge Frank issued an Order making the Arbitration Agreement unenforceable in this lawsuit. Even if you have signed an Arbitration Agreement, you are eligible to make a claim in this lawsuit.
On August 9, 2010, Judicial Notice was sent out to approximately 22,000 potential class members nationwide.
The deadline to assert federal minimum wage claims in the Luiken lawsuit was December 7, 2010.
Nelson, et al., v. Domino’s Pizza, LLC
On January 14, 2011, we filed Nelson, et al, v, Domino’s Pizza, LLC in federal court in Minnesota.
Am I Eligible?
If you have not already opted-in to the Luiken lawsuit, you may be eligible to make a claim under the federal FLSA in the Nelson lawsuit. To be eligible for this lawsuit:
- You must have worked, or currently work, for Domino’s Pizza, LLC (Corporate Stores) outside of California, New Jersey and New York as a delivery driver within the past three years. If you have not worked for Domino’s Pizza, LLC within the past three years, you may not be eligible to assert federal minimum wage claims due to the statute of limitations in this lawsuit. Contact our office if you have questions about your eligibility.
How Do I Join This Case?
To join this lawsuit, you must complete a Consent Form and return it to us immediately for filing with the Court. If you do not return this Consent Form, we cannot include you in the lawsuit.
What Locations Are Involved?
Past and present pizza delivery drivers from every corporate Domino’s location nationwide (excluding stores located in California, New Jersey and New York) may join this lawsuit.
If you are not sure whether you worked at a corporate location or not, please contact our office for assistance.
What Time Frame Does This Case Cover?
There is a statute of limitations in this case that only allows you to recover for damages incurred during employment in the last 2 years. If we can prove the company willfully violated the law, the statute of limitations may be extended to 3 years.
There is a statute of limitations as to the Federal FLSA minimum wage claims that only allows you to recover for damages incurred up to three years prior to the filing of your Consent Form in this lawsuit.
Therefore, it is important that you return your Consent Form immediately to avoid losing any part of your claims pay because of the statute of limitations.
The Luiken lawsuit asserts additional Minnesota state minimum wage and gratuities claims that allow eligible class members to recover damages incurred up to three years prior to the filing of the Complaint in this case (Complaint was filed on March 4, 2009). Therefore, if you were a delivery driver employee of Domino’s Pizza, LLC in Minnesota since March 4, 2006, you may be eligible to collect damages for this extended period of time.
Do I Have To Pay Anything?
You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.
How Long Will This Case Take?
The length of an action such as this varies from case to case.
How Do I Update My Contact Information?
To update your contact information, please complete and submit the form below.
What About Retaliation?
The law protects you from retaliation for asserting your rights, and if you suffer retaliation, you may be able to assert additional claims. If you currently work for Domino's, and you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.
How Can I Help?
You can assist by spreading the word about this case. With each day that passes, eligible employees who have not made a claim for their compensation may be losing pay due to the statute of limitations.
We are looking for the following information:
- Names of current or former pizza delivery drivers. This will help us notify potentially eligible employees of this lawsuit. We are not seeking confidential records regarding other employees, like documents marked "confidential" or documents containing social security numbers;
- Any documents or records relating to your claim that you were not fully reimbursed for travel expenses incurred during your employment with Domino’s; and
- Anything that leads you to believe that Domino’s knew their reimbursement rate was insufficient.
You do not need to have any of the above-requested information to be eligible for this lawsuit.
If you have any information that may assist us with this case, please contact our clerk on the case, Brigit Boler, by email at firstname.lastname@example.org or call toll free at (877) 448-0492, ext. 219.
How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Brigit Boler, at email@example.com, or call toll free at (877) 448-0492, ext. 219. You can also review our case updates above.
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