Pixel Tracker

Wednesday, January 23 , 2019, 5:22 pm | Fair 62º


Domino’s Pizza Delivery Driver Files Class-Action Lawsuit Alleging Inadequate Pay

A Domino’s pizza delivery driver has filed a class-action lawsuit alleging he isn’t paid minimum wage considering miles traveled, targeting a family-owned franchisee with 10 locations in Santa Barbara County.

Oxnard delivery driver Derek Gibbins claims Ventura County-based Hishmeh Enterprises Inc., a franchisee that owns 70-plus Domino’s locations in California and Arizona, is violating federal wage and hour laws by failing to adequately reimburse drivers for their automobile expenses, resulting in costs that reduce pizza delivery drivers’ net pay below minimum wage.

The class-action lawsuit was filed this month in U.S. District Court’s Central California district by three out-of-state law firms: Paul McInnes LLP and Weinhaus & Potashnick, both of Missouri, and Watts Guerra LLP of San Antonio, Texas.

Attorney Jack McInnes of Paul McInnes LLP told Noozhawk the firms are trying to get the word out to other Domino’s drivers, who could be entitled to money if a settlement is reached.

Hishmeh Enterprises owns three Domino’s locations in Santa Barbara, at 1808 Cliff Drive, 617 N. Milpas St. and 3006 State St.

The company also owns locations at 185 S. Patterson Ave. in Goleta, 1039 Casitas Pass Road in Carpinteria, 1655 Mission Drive in Solvang, 1098 E. Clark Ave. in Orcutt, 713 E. Main St. in Santa Maria, and two in Lompoc at 3734 Constellation Road and 700 North H St.

Anyone who delivered pizzas for those or other Hishmeh locations in the last three years is entitled to opt into the case — a number McInnes estimated at well more than 3,000.

He said Gibbins began working at Domino’s in May 2013 and still does, delivering orders to customers in his own vehicle and being reimbursed cents on the dollar per delivery instead of per mile traveled.

Drivers should be paid the Internal Revenue Service business mileage rate of 57.5 cents, said McInnes, who has represented other delivery drivers over the years.

He said the delivery reimbursements don’t pay to fill up the tank or account for car maintenance.

“The important thing to remember is we’ve been fighting for delivery drivers for a long time,” McInnes said of the three law firms. “Drivers are getting the short end of the stick. We feel like it’s a good cause.”

Representatives from Hishmeh Enterprises did not return requests for comment.

McInnes said anyone who wants to get involved or learn more can visit the firm's website by clicking here.

Noozhawk staff writer Gina Potthoff can be reached at .(JavaScript must be enabled to view this email address). Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.

Support Noozhawk Today

You are an important ally in our mission to deliver clear, objective, high-quality professional news reporting for Santa Barbara, Goleta and the rest of Santa Barbara County. Join the Hawks Club today to help keep Noozhawk soaring.

We offer four membership levels: $5 a month, $10 a month, $25 a month or $1 a week. Payments can be made using a credit card, Apple Pay or Google Pay, or click here for information on recurring credit-card payments and a mailing address for checks.

Thank you for your vital support.

Become a Noozhawk Supporter

First name
Last name
Select your monthly membership
Or choose an annual membership

Payment Information

Membership Subscription

You are enrolling in . Thank you for joining the Hawks Club.

Payment Method

Pay by Credit Card:

Mastercard, Visa, American Express, Discover
One click only, please!

Pay with Apple Pay or Google Pay:

Noozhawk partners with Stripe to provide secure invoicing and payments processing.
You may cancel your membership at any time by sending an email to .(JavaScript must be enabled to view this email address).

  • Ask
  • Vote
  • Investigate
  • Answer

Noozhawk Asks: What’s Your Question?

Welcome to Noozhawk Asks, a new feature in which you ask the questions, you help decide what Noozhawk investigates, and you work with us to find the answers.

Here’s how it works: You share your questions with us in the nearby box. In some cases, we may work with you to find the answers. In others, we may ask you to vote on your top choices to help us narrow the scope. And we’ll be regularly asking you for your feedback on a specific issue or topic.

We also expect to work together with the reader who asked the winning questions to find the answer together. Noozhawk’s objective is to come at questions from a place of curiosity and openness, and we believe a transparent collaboration is the key to achieve it.

The results of our investigation will be published here in this Noozhawk Asks section. Once or twice a month, we plan to do a review of what was asked and answered.

Thanks for asking!

Click Here to Get Started >

Reader Comments

Noozhawk is no longer accepting reader comments on our articles. Click here for the announcement. Readers are instead invited to submit letters to the editor by emailing them to [email protected]. Please provide your full name and community, as well as contact information for verification purposes only.

Daily Noozhawk

Subscribe to Noozhawk's A.M. Report, our free e-Bulletin sent out every day at 4:15 a.m. with Noozhawk's top stories, hand-picked by the editors.

Sign Up Now >