HOUSTON — A Harris County pizza delivery driver is suing Domino's, alleging failure to pay overtime wages.
Doris Pennington of Harris County filed a class action lawsuit, individually and on behalf of all others similarly situated, June 17 in the Houston Division of the Southern District of Texas against Domino's Pizza LLC, GDK Go Inc. and El Sadig Abdelmotal, alleging they violated the Fair Labor Standards Act and the Texas Minimum Wage Act.
According to the complaint, Pennington has not received any raises during her entire employment, was deprived of minimum fair wages for all hours worked from August 2010 to Feb. 20, 2014, and that Domino's failed to keep records of the tips she earned.
The plaintiff alleges the defendants failed to pay overtime and minimum wages, failed to inform its drivers of the tip credit in the manner required by law, failed to sufficiently notify or explain to customers that the $2 delivery charge is not a gratuity paid to the delivery driver and failed to pay time-and-a-half rate for hours in excess of 40 per week.
Pennington seeks trial by jury, overtime compensation, all unpaid wages, all misappropriated funds, including tips, liquidated damages, attorney fees, costs and expenses, an order requiring the defendants to correct their pay practices and such other relief to which she and class members are entitled to by law. She is represented by attorneys Trang Q. Tran and Alecia D. Best of Tran Law Firm LLP in Houston and Nichole Nech of The Nech Law Firm in Houston.
Houston Division of the Southern District of Texas Case number 4:16-cv-01759