Abraham Jewett  |  January 27, 2022

Category: Labor & Employment

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A Pizza Hut restaurant in Canada
(Photo Credit: Colin Temple/Shutterstock)

Pizza Hut Delivery Drivers Class Action Lawsuit Overview: 

  • Who: Liubomir Marinov filed a class action lawsuit against Pizza Hut. 
  • Why: Marinov claims Pizza Hut misclassifies its delivery drivers as independent contractors. 
  • Where: The class action lawsuit was filed in Canada.

Pizza Hut misclassified its delivery drivers as independent contractors, depriving them of basic rights such as minimum wage and overtime, a new class action lawsuit alleges. 

Plaintiff Liubomir Marinov claims Pizza Hut is violating labor laws in multiple Canadian provinces by allegedly misclassifying its drivers, which also forces drivers to pay out of pocket for delivery-associated costs, Toronto News Live reports

Marinov says he worked as a delivery driver for a Pizza Hut in Toronto beginning in 2005, at which time he claims was classified as an independent contractor and deprived a minimum wage salary. 

The alleged misclassification is a problem unique to Canada, according to Marinov, who claims the multinational pizza company’s U.S. delivery drivers are classified as employees, Toronto News Live reports.  

Marinov claims he was paid only $4.50 per delivery — plus tips — for a time, and didn’t start earning an hourly rate until the spring of 2020, when he started getting paid $8 an hour, a number which he says has now increased to $10, less than the current Ontario minimum wage of $15.

Drivers Allegedly Pay ‘Out Of Pocket’ For Delivery Expenses

In addition to allegedly being denied minimum wage, Marinov claims he had to pay out of pocket for delivery-related expenses such as gas, car maintenance and a cellular data plan to use Pizza Hut’s delivery app, called Dragon Drive, Toronto News Live reports. 

Marinov is bringing his class action lawsuit from a time period beginning in 2019, when the Dragon Drive app was implemented throughout the company, according to the class action lawsuit. 

Marinov argues he was under the complete control of the Dragon Drive app, which he says dictated the orders he had to take and kept track of how long they took him, Toronto News Live reports. 

Further, Marinov says he was under a contract that stipulated he could not ask for tips and controlled his actions at work, including when he had to start his shift and barring him from concurrently delivering for other companies. 

Marinov says he is bringing the class action lawsuit for delivery drivers across Canada. He is seeking $150 million in damages, Toronto News Live reports. 

A similar class action lawsuit was filed in October against Instacart over allegations the app-based delivery service misclassified its workers as independent contractors

Have you worked as a delivery driver for a Pizza Hut in Canada? Let us know in the comments!


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4 thoughts onPizza Hut Class Action Claims Restaurant Misclassifies Delivery Drivers As Independent Contractors

  1. LLOYD M HAMILTON says:

    YES I HAVE PLEASE ADD ME TO THIS SUIT

  2. Ned says:

    So, who gets the money if he wins this case?

  3. Vanessa Shimansky says:

    I am from a small town. I worked for a delivery service who provided service to Pizza Hut. At the beginning of the pandemic I reached out to 2 businesses requiring delivery services. Pizza hut being one of them. We signed a contract as they did not have the dragon app yet. I worked 7 days a week for over a year booking off minimal time. Throughout the pandemic and then went to 6 days a week.the GM changed my contract without any notice or communication twice Throughout this process. On the third change the GM and I were in a conflict. This then involed the area manager. Long story short after saving their butts for 2 years through the pandemic I was let go with no notice what so ever. And was told i didn’t qualify for any benifits or severance.
    Bad management all around.

  4. Ken says:

    As of January 30 2022 I am a Pizza Hut delivery driver and have now been here 3 years. Personally I am on my last legs with this company their is no consideration or respect for time or effort. I am their only day driver and those delivery hours go from 11:00 am – 4:00 pm which is a 5 hour shift. How it works is if you deliver less than 4 delivers you receive $20 for those 5 hours. You pay for your own gas, maintenance and data on your own phone to use Dragon Drive. I will give you an unbelievable example regarding the lack of pay many days I make well under what is a minimum wage in British Columbia, Example last Thursday I did a 5 hour shift and was paid $22.50 for 5 hour shift. Yes you read that correctly that does not include any costs so whatever. Yesterday which was Saturday January 2022 I worked another 5 hour day shift for this company and went home with $31.35 If you take into consideration your costs their are days your taking money out of your own pocket to just be at work. Making less than minimum wage is more common than could ever be imagined. I myself have probably clocked in over 100 days where I’ve been paid way less than a minimum wage for British Columbia, Canada

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