New Dominos lawsuit against Hishmeh CA & AZ

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PostPosted: Wed Apr 22, 2015 8:19 pm
Heads up you pizza delivery folk!!

http://www.lawyersandsettlements.com/bl ... e-aig.html

Another proposed wage and hour class action lawsuit has been filed against 70 Domino’s Franchises stores, this time in California and Arizona, by a delivery driver who alleges Domino’s fails to reasonably reimburse drivers for the costs of using personal vehicles for work, in violation of the federal Fair Labor Standards Act (FLSA) and California labor laws.

Field by driver Derek Gibbins, the Dominos delivery lawsuit alleges franchise operator Hishmeh Enterprises Inc. uses a flawed method to determine reimburse rates. Specifically, it typically pays $1 per trip whch that does not accurately reflect costs incurred by drivers.

The complaint further claims that Hishmeh’s “systematic failure” to provide adequate reimbursement constitutes a “kickback” such that hourly wages paid to its drivers are not free and clear, resulting in net wages that fall beneath federal and state minimum-wage requirements in violation of the FLSA and state labor codes.

“The net effect of defendant’s flawed reimbursement policy is that it willfully fails to pay the federal and state minimum wage to its delivery drivers,” according to the complaint filed in California federal court. “Defendant thereby enjoys ill-gained profits at the expense of its employees.” Otherwise known as screwing your employees—allegedly.

The complaint alleges all Hishmeh drivers have similar experiences because they operate under the same reimbursement policy. The suit seeks to include an estimate of several hundred current and former Hishmeh delivery drivers in California over the past four years.
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PostPosted: Wed Apr 22, 2015 8:21 pm
Domino's Drivers Unpaid Wages Class Action Filed in California

http://www.bigclassaction.com/lawsuit/d ... led-in.php

March 26 2015

Domino's Drivers Unpaid Wages Class Action Filed in California Los Angeles, CA: A proposed wage and hour class action lawsuit has been filed iagainst 70 Domino's Franchises stores in California and Arizona by a delivery driver who alleges Domino’s fails to reasonably reimburse drivers for the costs of using personal vehicles for work, in violation of the federal Fair Labor Standards Act (FLSA) and California labor laws.

Field by driver Derek Gibbins, the lawsuit alleges franchise operator Hishmeh Enterprises Inc. uses a flawed method to determine reimburse rates. Specifically, it typically pays $1 per trip whch that does not accurately reflect costs incurred by drivers.

The complaint further claims that Hishmeh’s “systematic failure” to provide adequate reimbursement constitutes a “kickback” such that hourly wages paid to its drivers are not free and clear, resulting in net wages that fall beneath federal and state minimum-wage requirements in violation of the FLSA and state labor codes.

“The net effect of defendant’s flawed reimbursement policy is that it willfully fails to pay the federal and state minimum wage to its delivery drivers,” according to the complaint filed in California federal court. “Defendant thereby enjoys ill-gained profits at the expense of its employees.”

The complaint alleges all Hishmeh drivers have similar experiences because they operate under the same reimbursement policy. The suit seeks to include an estimate of several hundred current and former Hishmeh delivery drivers in California over the past four years.

Gibbins is represented by Ryan L Thompson of Watts Guerra LLP. The case is Derek Gibbins v. Hishmeh Enterprises Inc., case number 2:15-cv-02175, is filed in U.S. District Court in the Central District of California Western Division.


http://www.wattsguerra.com/lawyers/ryan-l-thompson


(800) 294-0055
contact@wattsguerra.com
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PostPosted: Wed Apr 22, 2015 8:24 pm
http://paulmcinnes.com/featured-cases/p ... ver-cases/

Law360, New York (March 25, 2015, 3:24 PM ET) — A pizza delivery driver hit the operator of 70 Domino’s franchise stores in California and Arizona with a class action Tuesday, alleging the business doesn’t reasonably reimburse drivers for the costs of using personal vehicles for work, violating the federal Fair Labor Standards Act and state minimum wage laws. Driver Derek Gibbins claims franchise operator Hishmeh Enterprises Inc. uses a flawed method to determine reimburse rates — typically $1 per trip — that does not accurately reflect costs incurred by drivers. The suit follows a similar complaint filed Monday against a Georgia-based Domino’s franchise operator. The Gibbins-led complaint alleges Hishmeh’s “systematic failure” to provide adequate reimbursement constitutes a “kickback” such that hourly wages paid to its drivers are not free and clear, resulting in net wages that sink beneath federal and state minimum-wage requirements in violation of the FLSA and state labor codes. “The net effect of defendant’s flawed reimbursement policy is that it willfully fails to pay the federal and state minimum wage to its delivery drivers,” according to the complaint filed in California federal court. “Defendant thereby enjoys ill-gained profits at the expense of its employees.” According to the suit, Gibbons, employed at an Oxnard, California Domino’s store since May 2013, was paid California minimum wage, which ranged from $8 to $9 an hour during the class period. The federal minimum wage has been $7.25 an hour since 2009. The complaint alleges that Hishmeh’s reimbursement rate is about $1 per most deliveries and about $2 a delivery for certain longer drives of 15 to 20 miles to the Point Mugu Naval Base. Gibbins claims the average delivery distance is four miles, excluding naval base trips, leading to an average reimbursement rate of 25 cents per mile, or 32.5 cents below the current IRS policy of 57.5 cents per mile. This equates to under-reimbursement of $1.30 per delivery for an average trip, the suit claims. The suit claims Gibbins averages 2 ½ deliveries per hour, meaning the plaintiff effectively “kicks back” $3.25 an hour compared with the IRS reimbursement rate. This results in an effective hourly wage rage of about $5.75 compared with the current California minimum of $9 per hour, according to the suit. The complaint alleges all Hishmeh drivers have similar experiences because they operate under the same reimbursement policy. The suit seeks to include an estimate of several hundred current and former Hishmeh delivery drivers in California over the past four years. A call to Ventura, California-based Hishmeh was not immediately returned Wednesday. The California suit follows another class action filed Monday in Georgia that accuses Cowabunga Inc., Cowabunga Three Inc. and Cowabunga Four LLC, which operate about 100 Domino’s franchise stores in Georgia, Alabama and South Carolina, of using a flawed reimbursement rate that effectively leaves drivers earnings less than minimum wage. Gibbins is represented by Ryan L Thompson of Watts Guerra LLP. Counsel information for the defense was not immediately available. The case is Derek Gibbins v. Hishmeh Enterprises Inc., case number 2:15-cv-02175, is filed in U.S. District Court in the Central District of California Western Division. — Additional reporting by Linda Chiem. Editing by Ben Guilfoy.
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