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Brayak v. New Boston Pie, Inc.

United States District Court, D. Massachusetts

January 9, 2018

BADR BRAYAK, AHMED GHARRARI, HAMID KACI, ADIL ABDELJALIL, KHALID AKOUHAR, MOHAMED ESSAFI, and TAOUFIK BOUCHRIT, on behalf of themselves and all others similarly situated
v.
NEW BOSTON PIE, INC., and CHARBEL RIZKALLAH

          MEMORANDUM OF DECISION

          RYA W. ZOBEL, SENIOR UNITED STATES DISTRICT JUDGE.

         The Proposed Plan for Class Notice (Docket Nos. 34 and 35) is approved subject to the attached modifications.

         NOTICE OF CLASS ACTION LAWSUIT

         We are 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 “Defendants.”

         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”)

         The Defendants deny that they violated any laws or did anything wrong.

         If the 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.

         WHO IS AFFECTED

         On 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.”

         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.

         The 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 Representatives.

         WHAT ...


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