A lawsuit claims Domino’s Pizza violates California law by failing to pay truck drivers any wages for work performed before or after their driving shifts, including for “waiting time” when trucks are not available.
A former truck driver for Domino’s Pizza has filed suit against the restaurant chain over claims that its pay structure violates California law. The lawsuit, recently removed to federal court in the state, alleges that Domino’s fails to pay truck drivers any wages for work performed before or after their driving shifts, including for “waiting time” when trucks are not available.
The plaintiff explains that truck drivers, responsible for delivering products to the defendant’s approximately 14,800 stores, are paid on a piece-rate basis determined by the number of miles driven and the weight of their load. “Thus, when the wheels are not rolling, they are not earning compensation,” the complaint points out.
The problem with this pay structure, as the case tells it, is that the defendant fails to separately compensate drivers for the significant amount of work they perform outside of driving company trucks, including reviewing their loads, preparing trucks to be loaded, performing pre-trip safety inspections, unloading trucks at their destinations, collecting payment, attending meetings, and completing paperwork.
The lawsuit also sticks on Domino’s alleged failure to ensure that drivers are provided with proper meal and rest breaks. The restaurant chain’s compensation structure discourages breaks, the suit explains, because a driver gets paid the same amount for completing a job regardless of how long it takes.
“Breaks are therefore not taken – and Domino’s is keenly aware this is happening,” the complaint reads. “Indeed, it is completely unrealistic for a driver to ‘pull over’ his almost 80,000 pound tractor/trailer for a 10 min. rest break in the middle of delivering products to the individual stores.”