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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.

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