Tel Aviv Labor Court Approves Class Action Against Domino's Pizza Over Weekend Pay Disputes
The Tel Aviv Regional Labor Court recently authorized a class action lawsuit against Domino's Pizza Israel, which operates about 60 franchise branches nationwide. The suit, initiated by former delivery worker Yuval Freiberg through attorney Asaf Cohen, challenges the company’s wage calculations for weekend and holiday shifts, including bonuses and additional pay. The court permitted the case to represent hourly and daily wage employees from the past seven years, marking approval of the class action status but not a final ruling on the claims.
Central to the lawsuit is Domino's policy on calculating pay for work done on Saturday evenings. The plaintiff argues that the company defines the end of the Sabbath at 6 p.m. during summer, regardless of actual sunset times, and that employees who did not receive a continuous 36-hour weekly rest before working Saturday night shifts deserve enhanced Sabbath pay for those hours. The court accepted this claim at this stage, ruling that workers lacking the 36-hour rest are entitled to Sabbath pay for those hours.
Another issue concerns a "delivery bonus" paid consistently to couriers based on order volume. The plaintiff contends this bonus should be considered part of regular wages, affecting overtime and Sabbath pay calculations. The court agreed that the consistent nature of the bonus integrates it into regular pay. Additionally, the suit addresses holiday pay, alleging Domino's withheld holiday pay from employees placed on organized leave around holidays and failed to pay required holiday premiums to those who worked. The court ruled that the employer bears the burden of proving voluntary absence; absent such proof, employees are entitled to payment.
Domino's argued the claims lack individual standing and require case-by-case examination, making them unsuitable for class action. The court rejected these arguments, finding common questions and likelihood of favorable resolution for the group. The plaintiff’s attorney was awarded legal fees of 20,000 shekels plus VAT, payable within 30 days. Attorney Cohen stated the decision sends a strong message to employers and employees about defining weekly rest days and wage supplements, emphasizing that attempts to disguise wages as bonuses to avoid social rights will not succeed and reinforcing the viability of class actions for worker rights.
Summary: The Tel Aviv Labor Court approved a class action against Domino's Pizza Israel over disputed weekend and holiday wage practices, allowing former and current hourly workers to seek enhanced pay and benefits related to Sabbath and holiday shifts. The ruling highlights employer obligations on rest periods and wage calculations, with the case moving forward to address these claims in detail.
