EAST ST. LOUIS — A Domino's Pizza delivery driver has filed a class action lawsuit alleging his employer did not compensate delivery drivers for vehicular wear and tear or gas.
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 MBR Management Corporation.
He alleges 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 were not 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 allege MBR Management 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