Eighth Circuit Nixes Domino’s Drivers Class; No Commonality for Minnesota Tip Claim

A federal district court in Minnesota abused its discretion when it certified a class of about 1,600 Domino’s Pizza LLC delivery drivers in Minnesota who alleged that the company violated state wage and hour law by withholding from them a fixed delivery fee charged to customers, the U.S. Court of Appeals of the Eighth Circuit ruled Feb. 4 (Luiken v. Domino’s Pizza LLC, 8th Cir., 12-1216, 2/4/13).

Reversing class certification and remanding the case, the Eighth Circuit found that the drivers’ claim requires a determination that an objectively reasonable customer might construe Domino’s delivery charge as a ...