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Delivery drivers for a Domino’s pizza franchisee earn less than minimum wage as a result of expenses they incur when they carry out their jobs, according to a lawsuit filed in a federal court in Colorado.
Franchisee DFL Pizza Inc. used a mileage reimbursement formula that didn’t account for the lower fuel economy and greater maintenance costs that working as a delivery driver carry, according to the complaint driver Kaylee Wilson filed Jan. 15.
Wilson asked the court to allow her to present the case as a class action on behalf of all DFL drivers. DFL operates nearly two dozen pizza shops in Colorado, Oklahoma, and Wyoming, according to the lawsuit. She estimates there would be at least 100 hundred class members.
Unreimbursed expenses can add up to a large figure. In California, Uber Technologies Inc. agreed to pay $100 million to settle thousands of drivers’ claims that they’re entitled to reimbursement for expenses such as gasoline and insurance. A judge rejected that proposed payout as too small, and the case remains ongoing.
Richard Paul III with Paul LLP in Kansas City, Mo., and Mark Potashnick with Weinhaus & Potashnick in St Louis represent Wilson.
The case is Wilson v. DFL Pizza, Inc., D. Colo., No. 1:18-cv-00109, complaint filed 1/15/18.
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