Gap Settles Wardrobing Class Action
Update on the Gap Wardrobing Settlement

Restaurants on the Run From Class Action Litigation

Delivery Drivers Inc., which provides the drivers who deliver food for Restaurants on the Run, a service that runs food from restaurants like California Pizza Kitchen, Chili's, Pick Up Stix and Claim Jumper, has been sued by a former worker who challenges the firm's independent contractor status assigned to its delivery drivers. The putative class action complaint in Levinson v. Delivery Drivers Inc., Orange County Superior Court case no. 05CC00022, filed last week, alleges that the drivers are bona fide employees who are required to work 11 hour shifts for $50, without payment of overtime wages, reimbursement for gas and other expenses.

The complaint fails to specify the amount of damages sought, but the plaintiff's attorneys assert that the case for could be worth millions. They don't say how many million. The company, which does not comment on pending litigation, claims that the employees' independent contractor status has been evaluated before and found lawful by the California Employment Development Department. That finding, however framed or worded, will not be binding upon the class action participants.

Among other things, the drivers allege that they had to wear employee uniform for Restaurants on the Run, which contracts with Delivery Drivers, Inc., had to claim to be working for Restaurants on the Run, and had to put was Restaurants on the Run signs on their cars. They were designated as "at-will" workers, rather than fixed contract service providers, and had to work the specific hours assigned each day by Delivery Drivers, Inc.

If the company prevails on the independent contractor status, the workers cannot avail themselves of any of the protections of the California Labor Code, including the rights to overtime, breaks, and reimbursed employee expenses. However, if the workers are found to be employees, the damages, back wages, interest and penalties could be substantial.

One of the strangest allegations of the complaint is the claim that drivers were encouraged to drive at high speeds to make more deliveries, a practice that caused accidents. Thus, the plaintiff alleges, drivers had to fix their own cars and nurse their own injuries without worker's compensation benefits.

We'll be curious to see how that part of the claim does when the court considers class certification. Determining which accidents, if any, resulted from the alleged employment practice of encouraging speeding will be an interesting, if even possible, task.

Comments

B.

I've worked for Restaurants On The Run and left because of the exploration.

I never lost my hope and looks like justice will be made against that EVIL company.

They created and use DDI, Inc, so they don't have to pay taxes, they don't have to pay for insurance nor employees benefits.

They encorage all the drivers to speed and if you have an accident, you're on your on.

Once again, I hope justice is made and GOD BLESS AMERICA!!!

Love the Race

What a great way to pay someone under $4.50 per hour in California. This was a brillant concept if your a scum bag.

How To This Scam:

1) Pay one of your OWN employee's at Restaurants on the Run, to start a new company called DDI. Then simply give all your employees two weeks notice while DDI rehires them.

2) Just two weeks later Poof magically your employees are now independent contractors for DDI. Or are they? Will see below if this can float.

3) Next You hire your first employee that you sent to start your DDI company back in a cushy Position at ROR, for a job well done. Its got be cushy (RF, name withheld) because you can bring the house of cards down.

4) Then your current dispatcher (Aaron) who worked his way thru some legal schooling by dispatcing for Restaurants on the Run becomes the perfect choice to run your DDI company for you, so you promote him to president of DDI.

Its this easy to skirt the state labor laws and get rid of al those pesky & annoying taxes and insurances and workman's comp nonsense.


But how long before the state wakes up from its coma and realizes that this scam is worth 15-20 million to them in back wages, back workers comp punitive ect. It wont solve the whole budget crisis, but its a nice Band-Aid.

This is not interesting to watch to see the outcome the outcome is crystal clear.

This my friends is a horse race and that's what makes this interesting, who is going to get the money first the suit or the state and the bell has rung and they have left the gate.

There are hundreds of drivers who can testify to the following facts below:

1) Are you required to comply with instructions about when, where, and how the work is to be done? Well Yes

2) Does your client provide you with training to enable you to perform a job in a particular method or manner? Well yes

3) Who sets the hours of work? Well I do but if I don’t work the hours they tell me to they wont work me or will fire me.

4) Are you required to devote your full time to the person or company you perform services for? If they tell me I have to a shift I have to

5) Who directs the order or sequence in which the work must be done. The dispatchers at Restaurants On the Run.

6) What is the method of payment — hourly, commission or by the job? By the job but when I have a good night the dispatcher will take part of my tips and give it to another driver who did not have such a good night. If I keep quite I'll get another good order.

7) Who furnishes tools and materials used in providing services? I go and pick them up every morning from the Restaurant Delivery Service Warehouse.

8) Can you work for a number of firms at the same time? Sure but if I get caught I get Fired. Fired you say.. Yeah Fired (I thought employees get fired. Hmm.)

9) Do you make your services available to the general public. If I’m caught working for a competitor I will be fired.

10) Are you subject to dismissal for reasons other than nonperformance of contract specifications? Well Yes and I can be fired that same day no notice, (Fired Hmm.)

And the race to the money is on.


Love the Race2

Who are you really, "Love the Race" ???? I see you didn't use a real email address.

Pat

This is a pretty interesting site. I worked at ROTR and yes, under DDI for a paycheck of the per delivery fee. I almost went back recently, but I had alot of memories of how it was. (I left 2 years ago after a year or so, Irvine and San Diego). I found that new people were used (abused) to small tip orders, long distances and sometimes would not even make $20 in tips for a 5-6 hour nightly commitment!!! Check out at night was a nightmare while the shift manager took his time, sometimes up to an hour to check out. So while the new people made no money, the veterans made the bucks, generally $50+ a shift. Working a lunch + dinner shift = a 12-13 hour timeframe. Going home for 3 hours between shifts meant you were still on the clock (but not being paid hourly), and how much could you do besides eat and take a nap??? So even $100 for those hours a day was not any big deal. I pretty much ruined 2 new cars with the 100+ miles a day to make $60-$100 a day in tips. It certainly wasn't worth it. Then they charged you $1.25 a shift to use their worn out bags and broken down Nextel phones!!! Well, the list goes on and I am glad I did not go back. I would like to know how to get in on the class action suit, however, if anyone can tell me. Thanks!!! Pat

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