Practice Groups

Case Summary

Jackson DeMarco Tidus Peckenpaugh ("JDTP") represents Mr. Rosello and the other plaintiffs in the case of Rosello, et al. v. Domino’s Pizza, Inc. et al. (“Rosello”), California Superior Court Case # BC356165. The Rosello lawsuit asserts that Domino’s failed to properly compensate the Plaintiffs for work periods in excess of 8 hours in a workday, 40 hours in a workweek or 6 days in a workweek, and missed or interrupted meal and rest periods in violation of the Fair Labor Standards Act (“FLSA”) and California Labor Code.

The Rosello lawsuit asserts that Domino’s failed to provide uninterrupted meal and rest periods and required its drivers to eat while driving to delivery locations. The Plaintiffs are seeking damages in the amount of their respective unpaid wages, including unpaid straight time wages; unpaid overtime compensation; and liquidated damages as provided by the FLSA for all work performed before and after the Plaintiffs’ regularly scheduled shifts and interrupted or missed meal and rest periods. The lawsuit also asserts that Domino's misclassified its Store Managers and Assistant Store Managers as exempt from Federal and State overtime regulations so as to avoid paying those employees appropriate overtime compensation for any work performed in excess of 40 hours per work week.

Additionally, JDTP represents Mr. Rosello and the other plaintiffs in a second class action case, Rosello, et al. v. Domino’s Pizza, Inc. et al., U.S. District Court Case # 2:06-cv-07718 MMM (PLAx) 2006. The Rosello lawsuit in federal court contends that the Plaintiffs have all participated in the Domino’s Pizza Partners Foundation Program by contributing to the Domino’s Pizza Partners Foundation through an automated payroll deduction. The stated purpose of the Domino’s Pizza Partner Foundation Program is to provide monetary benefits to Domino’s employees in the event of sickness, disability, accident, death or unemployment. The federal lawsuit includes claims that Domino’s improperly refused to pay benefits promised under the Pizza Partner Foundation Program employee welfare plan and violated several provisions of the Employee Retirement Income Security Act (“ERISA”) in its administration of the plan. The federal lawsuit filed against Domino’s also asserts claims of breach of fiduciary duty, breach of oral contract, self dealing, and breach of the implied covenant of good faith and fair dealing.

If you are or were an employee with Domino’s Pizza and feel you have worked under similar circumstances, you may contact Jackson DeMarco Tidus Peckenpaugh ("JDTP") at (866) 855-4275 to learn more about joining this lawsuit.

Court Documents

	First Amended Complaint for overtime violations; Case # BC356165 November 2, 2006
	First Amended Complaint for ERISA violations; Case # 2:06-cv-07718 MMM (PLAx) April 11, 2007

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Join this Lawsuit

If you want to join these lawsuits, it is important you do so as sooner, rather than later. It makes a difference financially, since the less time you are a part of the case, the less time we can recover overtime for on your behalf.

You can request a “Consent to Join” form and the other necessary documents by contacting JDTP at (866) 855-4275.