Despite their work uniforms and company cars, pizza delivery drivers do not have much in common (at least according to the Eighth Circuit).
Recently, in Luiken v. Domino’s Pizza, LLC, No. 12-1216, 2013 WL 399248 (8th Cir. Feb. 4, 2013), the court found that a purported class of 1600 Domino's Pizza delivery drivers lacked the requisite commonality for class certification under the Federal Rules of Civil Procedure due to the variety of interactions between drivers and customers regarding tips.
In Minnesota, any gratuity received by an employee for personal services performed is the property of the employee. Obligatory charges, such as mandatory delivery fees, are considered gratuities when a customer might reasonably see the charge as a payment for personal services rendered by the employee and the employer fails to provide clear and conspicuous notice that the charge is not the employee’s property.
Domino’s Pizza charges a flat per-delivery charge on its pizzas ($1 in 2005; increased to $1.50 in 2009). This charge was disclosed to customers in a variety of ways based on the method of ordering. Notice of the delivery charge appears on online orders, receipts, and the boxes. The drivers do not receive any portion of this charge. However, customers may or may not know this. Some drivers tell customers that the charge is not a tip, while others simply do not address the issue.
Matt Luiken, the class representative, and his fellow delivery drivers argued that...
