DLA Piper obtains dismissal of a putative class action against Domino’s

DLA Piper secured an order granting a motion to compel arbitration and dismissal of Plaintiff’s complaint on behalf of Domino’s in New Jersey District Court.

Claims brought by Samuel Brewer (Plaintiff), a former delivery driver, on behalf of himself and a putative class of similarly situated commercial truck drivers, alleged that Domino’s failed to pay overtime wages and failed to timely pay overtime wages in violation of New Jersey wage and hour statutes. Plaintiff sought to represent all Domino’s drivers in New Jersey over a six-year period. Domino’s denied all allegations.

Brewer had signed an electronically signed arbitration agreement at the commencement of his employment that required all employment-related claims, including wage and hour disputes, to be resolved through individual arbitration, and contained a delegation clause assigning all gateway issues to the arbitrator.

The DLA Piper team documented the electronic onboarding process, demonstrating that Brewer had to use unique credentials, review the agreement, and affirmatively e-sign it.

Plaintiff’s counsel attempted to avoid arbitration by arguing that the Federal Arbitration Act (FAA) did not apply due to the “transportation worker” exemption and that the Michigan Uniform Arbitration Act (MUAA) could only be enforced by Michigan state courts. They also challenged the validity of the electronic signature and the enforceability of the agreement.

The DLA Piper team successfully countered these arguments, establishing that the MUAA governed the agreement (as specified in the contract), that federal courts have authority to enforce such agreements, and that electronic signatures are valid and binding under both Michigan and New Jersey law. The team also highlighted that the Plaintiff had not opted out of the agreement and failed to provide any evidence disputing his assent.

The DLA Piper team representing Domino’s included Joseph Piesco (New York), Chair of the firm’s Labor Management Relations group, and Partner Norman Leon (Chicago).