Pizza Delivery Driver Files Class Action, Claiming Domino’s Failed to Cover Out of Pocket Vehicle Expenses

EAST ST. LOUIS — A Domino’s Pizza delivery driver has filed a class action lawsuit against MBR Management Corporation for alleged violation of employment law.

Shiloh resident Jesse Tourville, for himself and all others similarly situated, filed a complaint on April 11 in the U.S. District Court for the Southern District of Illinois against the defendant alleging that the Domino’s Pizza franchisee, which operates 80 Domino’s franchises in Illinois and Missouri, violated the Fair Labor Standards Act, Illinois Minimum Wage Law and Illinois Wage Payment and Collection Act.

According to the complaint, the plaintiffs allege he and other delivery drivers failed to be compensated for vehicular wear and tear, gas and other driving-related expenses. Tourville, who worked at the Troy location, alleges he and others paid “out-of-pocket” expenses of $13.38 per hour to provide, operate and maintain their vehicles, losing approximately $1.43 each hour they worked on-the-road.

The plaintiffs hold MBR Management responsible because it allegedly failed to compensate at least the tipped minimum wage rate for each hour worked on-the-road and failed to properly reimburse delivery drivers’ expenses including cost for gasoline, vehicle depreciation, insurance, maintenance and repairs.

The plaintiffs request a trial by jury and seek all available compensatory damages, liquidated damages, attorneys’ fees, cost and any further relief the court deems just, necessary and proper.

They are represented by Jeremiah Frei-Pearson, Todd S. Garber and Chantal Khalil of Finkelstein, Blankinship, Frei-Pearson and Garber LLP in White Plains, N.Y., and C. Ryan Morgan of Morgan and Morgan PA in Orlando, Fla.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00373

Source: madisonrecord.com madisonrecord.com

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