Bordeau v. V&J – Case Status

  • Posted on: Jan 22 2018
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Richard Bordeau And Travis Doxsee Filed A Putative Class Action Complaint Against V & J Employment Services, Inc. In The U.S. District Court For The Northern District Of New York, Which Is Assigned Case Number 1:17-Cv-188.

Who is in this case?

The lawsuit is brought on behalf of all individuals who have worked as a Pizza Hut pizza delivery driver for any V & J Employment franchise in the State New York at any time since February 17, 2011.

Claims in the lawsuit:

The lawsuit focuses on the fixed delivery fee customers are charged for pizza delivery. As alleged in the Complaint, customers reasonably believe that fee to be the driver’s gratuity when, in fact it is not. The company, instead, retain some or all-of-the fee.

  1. The lawsuit also alleges that V&J failed to reimburse the drivers for their vehicle-related expenses, decreasing their minimum age below the statutory minimum.
  2. Plaintiffs therefore assert V&J violated the New York Labor Law by unlawfully retaining these fees and paying them below the minimum wage.

The Plaintiffs are represented by Douglas Lipsky of Lipsky Lowe LLP. You can contact Douglas Lipsky at 212.444.1024 or doug@lipskylowe.com if you have questions about this case.

Case Status:

  • On February 17, 2017, Plaintiffs filed the Complaint.
  • On July 19, 2017, V&J filed a motion to have the case dismissed. The motion is still pending. The case has not been dismissed.
  • On March 28, 2018, the Court issued its decision denying V&J’s motion to dismiss. In that decision, the Court held the complaint had sufficiently asserted that V&J unlawfully withheld drivers’ tips by not remitting 100% of the delivery fee to them. It also held the Complaint sufficiently alleges the company failed to pay them the minimum wage by not reimbursing the drivers for all of their driving-related expenses.

*This update is based solely on information that is publicly available and is current as of March 30, 2018.

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