Team Washington Inc. Domino’s Delivery Driver Dispute

The Claims

Under-reimbursement of Vehicle Expenses

First, the plaintiff alleges that the company does not properly reimburse for vehicle expenses.

The drivers’ position is that they must be reimbursed at the IRS standard business mileage rate (currently $.585 per mile) when the employer does not collect records of the drivers’ actual expenses and reimburse based on those records.

Even if the company is permitted to reimburse based on an “approximation,” as we expect the defendants will argue, the plaintiff alleges that the Team Washington, Inc. Domino’s stores have failed to “reasonably approximate.”

Plaintiff alleges that this practice violates the federal Fair Labor Standards Act and D.C. Wage law, D.C. Code §32-1003 et seq. and D.C. Code §32-1302 et seq.

Failure to Pay Overtime Wages

Second, the plaintiff alleges that the company did not properly pay its employees the required time and a half overtime wages when employees worked in excess of 40 hours per week.

Plaintiff alleges that this practice violates the federal Fair Labor Standards Act and D.C. Wage law, D.C. Code §32-1003 et seq. and D.C. Code §32-1302 et seq.

Unjust Enrichment

In addition, the plaintiff asserts a claim for unjust enrichment. He alleges that the Team Washington, Inc. Domino’s stores unfairly benefit by requiring their minimum wage delivery drivers to cover one of their most costly business expenses without proper reimbursement. The drivers are conferring a benefit on the company, the company is aware of the benefit, and it would be unjust for the company to retain that benefit without commensurate compensation.