Domino’s Pizza and the owner of eight of its New York area franchises is being sued by ten former employees for their failure to pay minimum wage, overtime, and gratuities, as well as other violations.
Robert Cookston, a resident of Idaho, owns several New York and one Connecticut Domino’s franchises, according to the complaint. He employed all the plaintiffs in this action as delivery drivers. The plaintiffs claim they were required to, in addition to making deliveries, answer the telephone, make pizzas, stock and manage inventory, and clean and maintain the restaurants.
Cookston maintained a Domino’s sanctioned “clock-in” system to keep track of workers’ time, according to the complaint. Plaintiffs claim that they were required to continue working for hours after they “clocked-out,” resulting in them working about 65 hours per week, but only being paid for 40 to 45.
Plaintiffs claim the “uncompensated ‘off-the-clock’ work . . . resulted in [them] not being paid the minimum wage for all hours worked, in violation of the minimum wage provisions of the FLSA . . . . [and] not receiving compensation at one and one half times their regular rate of pay for all hours worked in excess of 40 hours per workweek, in violation of the overtime provisions of the” law, according to the complaint.
In addition, the plaintiffs claim that they were required to turn over all their gratuities to the store managers, who did not then distribute all the tips to the drivers, but kept some for themselves, in violation of New York law.
Further, plaintiffs claim they were required wear Domino’s mandated uniforms, including shirt, hat, belt, pants, and jacket and had to buy these items themselves. The failure of Domino’s and Cookston to reimburse them for these purchases also violates New York law, according to plaintiffs.
The case is related to Kucher et al v. Domino’s Pizza. et al, in which similar conduct is alleged to have been committed by the defendants. The case was brought in the Southern District of New York by Wigdor LLP of New York, New York.
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