Thursday, June 5, 2008, 9:01 AM

Domino’s pizza delivery drivers in New York win (a slice of) their motion for preliminary class certification

Domino’s pizza delivery drivers at a Coney Island store prevailed in part in their effort to obtain preliminary FLSA class certification in federal court. The drivers contended that they were deprived of wages and overtime as a result of, among other things, store managers “editing” the drivers’ time records to reduce their hours, and requiring them to work off the clock. The plaintiffs sought preliminary class certification for the drivers at the Coney Island store where they worked, as well as those of five other Brooklyn area stores.

The U.S. District Court for the Eastern District of New York granted the preliminary certification as to the Coney Island store drivers. However, the court denied the motion as to the other Brooklyn areas stores. The court concluded that plaintiffs had provided only “thin factual support” and hearsay statements to support extending the certification to "hundreds" of employees at the other stores.

The case is Laroque v. Domino’s Pizza, LLC, No. 06-CV 6387.

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