Bellefonte business failed to pay minimum wage, used ‘illegal tip-pooling,’ lawsuit claims
Four delivery drivers filed a federal class-action lawsuit Thursday that accused the Domino’s Pizza franchise owner in Bellefonte of improperly taking tips and failing to pay minimum wage.
The three-count, 17-page lawsuit filed in the U.S. Middle District Court of Pennsylvania seeks back pay, liquidated damages, interest and monetary penalties “to the furthest extent permitted by law.”
“Our firm takes seriously any claims that an employer is taking wages from its employees,” attorney David Gaines Jr. said Friday. “... We’re trying to get the wages back for employees who work hard for their money.”
Robert Gee, Dylan Grubb, Darl Hoffman and Eric Rittenhouse accused franchise owner Sheldon Port of violating the Fair Labor Standards Act, the state’s Minimum Wage Act and the state’s Wage Payment and Collection Law.
The alleged loss is the result of “mandatory and illegal tip-pooling,” Gaines wrote in the lawsuit.
Tips received in-store were deducted from the tip pool to balance any shortages of the business’ cash drawer and any remaining money was place in the store’s safe, Gaines wrote.
The drivers’ net earnings after accounting for vehicle-related expenses failed to rise to the state’s minimum wage, Gaines wrote.
State law requires the legislation to be posted in a conspicuous location, but the notice at 114 E. High St. is improperly posted behind a closet in the manager’s office, Gaines wrote.
The lawsuit could cover more than 30 people, Gaines wrote.
Port, who opened the popular pizza chain in 2016, said Friday afternoon that he has not yet had an opportunity to review the lawsuit.
“My goal is always to be the No. 1 employer in the area,” Port said. “... I love taking care of my people and I think most of them would say that. I believe this is probably a big misunderstanding and hopefully we can get it resolved. This is not how I want my business to be known. I want to be known as an amazing employer.”
This story was originally published February 14, 2020 at 3:05 PM.