Sixty-one employees of a New York Dominos franchise are finally seeing their hard earned pay after the business agreed to pay $1.28 million in back wages, reports San Francisco wage and hour lawyer Eric Grover.
The lawsuit, which took three years to reach a settlement, alleged that Dominos violated labor laws by requiring the plaintiffs, who are all delivery personnel, to work at the significantly lower “tipped minimum wage”, pay for their own uniforms and skip their lunch breaks.
In New York, the minimum wage is $8 an hour, but the tipped minimum wage is $5 per hour. If an employee’s tips don’t make up the difference, it is the employer’s duty to pay the difference. Dominos allegedly failed to offset the shortfall in compensation for the drivers, who were tipped employees.
Carlos Rodriquez Herrera initiated the wage and hour lawsuit after he was fired on the spot after complaining of improper payment to his manager in 2007. Herrera then went to the State Department of Labor where the case remained at a standstill for two years until Herrera reached out to the Legal Aid Society, who took up the case and ultimately reached the settlement with the franchisee.
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