$48,500 settlement seeks judge approval in Domino’s tip jar lawsuit

BELLEFONTE — A federal lawsuit against the Bellefonte Domino’s Pizza, brought on by eight employees, is close be being settled for $48,500.

The settlement agreement would reward the employees $34,330 after a $14,170 payment to the State College law firm Miller, Kistler & Campbell representing them. The settlement has been submitted to U.S. Middle District judge Matthew Brann on Feb. 26. It is unclear when he will make a decision on the matter.

The plaintiffs, Robert Gee, Dylan Grubb, Darl Hoffman and Eric Rittenhouse, filed their lawsuit last February, claiming that owner Sheldon Port improperly took tips and failed to pay the minimum wage. They seek the return of wages under three categories. They were later joined by Skylar Cressman, Robert Struble, Deven Traxler and Megan Traxler.

The delivery drivers said that while they were not delivering food they were expsected to participate in other restaurant functions including proving walk-in customers with their takeout orders. They claimed that the restaurant owner kept the money in the tip jar where in-store customers could leave tips rather than paying the delivery driver.

They also claimed the restraint failed to pay them foe out-of-pocket expenses associated with deliveries, namely mileage and wear-and-tear reimbursements. The plaintiffs also seek damages because employment rights were not posted in the workplace.

Port and Domino’s denied the allegation, writing in a court document that no money was taken from a tip jar and that all employees were paid a minimum wage, including reimbursement for outof-pocket expenses

“Related to that defense, defense further claim that Plaintiffs have no legal right to obtain the tip jar monies in the first place,” say the court documents. Payment to the eight plaintiffs would range from about $870 to about $10,450 if the agreement is approved