United States District Court, D. Massachusetts
BADR BRAYAK, AHMED GHARRARI, HAMID KACI, ADIL ABDELJALIL, KHALID AKOUHAR, MOHAMED ESSAFI, and TAOUFIK BOUCHRIT, on behalf of themselves and all others similarly situated
NEW BOSTON PIE, INC., and CHARBEL RIZKALLAH
MEMORANDUM OF DECISION
ZOBEL, SENIOR UNITED STATES DISTRICT JUDGE.
Proposed Plan for Class Notice (Docket Nos. 34 and 35) is
approved subject to the attached modifications.
OF CLASS ACTION LAWSUIT
writing to tell you that you may be eligible to participate
in a class action lawsuit. The lawsuit was filed as a class
action by seven former delivery drivers (listed above and
referred to in this Notice as the “Plaintiffs”)
all of whom worked for a Domino's franchisee (New Boston
Pie, Inc.) and its owner (Charbel Rizkallah). New Boston Pie,
Inc., and Mr. Rizkallah are referred to in this notice as the
lawsuit makes three main claims under Massachusetts law, and
the court has certified a class for two as follows:
• Under the Massachusetts Tips Law, Mass. Gen. Laws ch.
149, § 152A, all delivery charges should have been paid
to delivery drivers (“TIPS CLAIM”)
• Under the Massachusetts Minimum Wage Law, Mass. Gen.
Laws ch. 151, §§ 1 & 7, delivery drivers should
have been paid the full minimum wage, both because there was
inadequate notice about payment of a “tipped”
minimum wage and because non-tipped work was performed inside
the store (such as folding boxes, preparing pizzas, etc.)
(“MINIMUM WAGE CLAIM”)
Defendants deny that they violated any laws or did anything
Plaintiffs win the TIPS CLAIM or MINIMUM WAGE CLAIM, class
members may be entitled to treble damages, interest, and
attorneys' fees, pursuant to Mass. Gen. Laws ch. 149,
§ 150 and Mass. Gen. Laws ch. 151, § 20.
November 14, 2017, the court certified the case as a class
action for the TIPS CLAIM and MINIMUM WAGE CLAIM. This does
not mean that the Defendants have been found liable or that
the class is entitled to any money yet. It means that the
case will now proceed on behalf of all members of the
“class” includes all delivery
drivers who worked at any time between
November 19, 2013, and November 14,
2017, for the Domino's store run by New Boston
Pie, Inc., located at 1144 Saratoga Street, East Boston, MA.
court has appointed Stephen Churchill and Brant Casavant of
Fair Work, P.C. (www.fairworklaw.com) as Class
Counsel. The court has appointed the Plaintiffs as Class