June 25, 2010 10:14 ET

Nichols Kaster, PLLP Wins Conditional Certification for Class of 22,000 Domino's Pizza Delivery Drivers

ST. PAUL, MN--(Marketwire - June 25, 2010) -  On June 21, 2010, Federal Court Judge Donovan W. Frank granted Plaintiffs' Motion for Conditional Class Certification and Judicial Notice in the case of Luiken, et al., v. Domino's Pizza, LLC, 09-CV-00516 (D. Minn). The conditionally certified class includes over 22,000 current and former Domino's pizza delivery drivers. 

The lawsuit was brought under the Fair Labor Standards Act, which requires that employees be paid the minimum wage "free and clear" of obligations to their employer. The lawsuit alleges that by failing to fully reimburse pizza delivery drivers for their automobile expenses, Domino's failed to pay their drivers the minimum wage. The lawsuit also includes claims under Minnesota law, including Plaintiffs' claim that Domino's broke Minnesota law by keeping the "delivery fee" it charged its customers. 

"No one wants to order a pizza that has been partially paid for by the delivery person," said Plaintiffs' attorney E. Michelle Drake "but that is essentially Domino's business model." Drake continued, "The whole point of having a minimum wage statute is to ensure that people actually have the minimum wage in their pocket at the end of the work day. Domino's puts money in drivers' pockets with one hand, and then takes it out with the other by requiring drivers to shoulder some of Domino's costs of doing business." 

The conditionally certified class consists of drivers who have worked at Domino's corporate stores in any state other than New York or California. To join the lawsuit, drivers are required to fill out a consent form which will be filed with the Court. Once the Court approves the final notice paperwork, the consent form will be sent to current and former delivery drivers. The consent form is also posted on Plaintiffs' counsel's website at http://www.nka.com/Cases/DominosPizza.aspx?CaseRef=117. 

Plaintiffs' counsel represents pizza delivery drivers in two similar cases involving pizza delivery drivers, Barth, et.al. v. Border Foods d/b/a Pizza Hut, 10-cv-00305 (D. Minn. 2010) and McDowell et. al. v. Me N' Ed's Pizzerias 09-CECG-01500 (Fresno County Sup. Ct. 2009).

Plaintiffs are represented by E. Michelle Drake and Paul J. Lukas from the law firm of Nichols Kaster, PLLP. Nichols Kaster has offices in Minneapolis, Minnesota and San Francisco, California. Individuals may find information about joining this action at www.nka.com or by calling (612) 256-3200.