McCumbee v. M Pizza, Inc., et al. Lawsuit filed by Domino’s Delivery Driver

McCumbee v. M Pizza, Inc., like the many similar pizza delivery driver lawsuits around the country, alleges that the company and its owners under-pay their delivery drivers for the costs the drivers sustain when they use their cars for the company’s purposes, i.e., to make deliveries. Specifically, the drivers claim that the company reimburses them for their expenses on a per delivery basis. For example, M Pizza, Inc. has paid reimbursed their delivery drivers at the rate of $1.60 per delivery. Based on the average amount of miles each delivery takes, this reimbursement is not enough to cover the drivers’ vehicle expenses, and results in minimum wage or other wage and hour violations.

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 $.625 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 Apex Pizza Papa John’s stores have failed to “reasonably approximate” their expenses.

Plaintiff alleges that this practice violates the federal Fair Labor Standards Act and West Virginia wage and hour laws.

Unjust Enrichment

In addition, the plaintiff asserts a claim for unjust enrichment. He alleges that the M Pizza, Inc.’s Domino’s Pizza 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.