Minimum wage and mileage lawsuits are becoming common

Pizza Shop Talk Delivery Driver Discussion
1

Former Domino’s Drivers Sue Over Wages
http://www.pmq.com/news/news.php?id=13157

According to a report from Nation’s Restaurant News, “Three former Domino’s Pizza delivery drivers are suing the chain, claiming they earned less than minimum wage.”

“In a lawsuit filed earlier this month in U.S. District Court here, the ex-employees claim that Domino’s did not reimburse them sufficiently for car maintenance and other job-related expenses, which pushed their pay below federal and New York state minimum wages.”

“The lawsuit, which seeks class-action status, also accused the company of violating New York labor law by not paying weekly uniform maintenance allowances, imposing ‘excessive deductions from employees’ wages,’ keeping gratuities belonging to its employees and failing to keep records.”

“Representatives for Ann Arbor, Mich.-based Domino’s did not return phone calls for comment by press time. The plaintiffs, Ernesto Bodon, Kevin Curry and Donna Annunziato, all worked at the same Domino’s location in Queens between 2004 and 2008. The lawsuit says Domino’s paid the plaintiffs “an hourly wage at or around the New York minimum wage,” which is currently $7.15.”

“Foodservice employers in the state are allowed a $2.55 hourly tip credit for tipped employees, but the lawsuit said that Domino’s did not rely on that credit. The suit also said the payment for car maintenance and other delivery-related expenses was less than the actual incurred expenses.”

FullStory: www.nrn.com/breakingNews.aspx?id=369930 … z@pmq.com&

2

Pizzeria Sued for Wage, Overtime Violations
http://www.pmq.com/news/news.php?id=13333

According to a report from the Long Island Business Journal, “The U.S. Department of Labor is suing the owners of Mama’s Pizzeria and Restaurant in Copiague for not paying its workers proper wages and overtime pay.”

“Owners Gaetano Pinello and Grace Pinello of Martino’s Pizzeria, which operates Mama’s, are being sued for possible violations of the minimum wage, overtime and record-keeping provisions of the federal Fair Labor Standards Act, the Labor Department announced Wednesday.”

“The suit comes after an investigation by the department’s Wage and Hour Division based in Westbury that discovered that about 24 employees working at the restaurant were required to work more than 40 hours during many weeks without being properly compensated for overtime hours. In addition, many of the workers were not being paid the federal minimum wage and that the Pinellos did not keep proper records regarding the hours employees worked, their rates of pay or other conditions of their employment.”

“The FLSA requires that employees be paid at least $7.25 an hour as well as 1 1/2 times their regular pay rate for hours worked over 40 per week. It also requires accurate record keeping of employee wages and hours.”

“The suit, filed in the U.S. District Court for the Eastern District of New York, seeks to order the Pinellos to pay the employees wage and overtime back pay due, along with an equal amount in liquidated damages or prejudgment interest.”

“The restaurant declined to comment on the lawsuit,” the story said.

Full Story: www.libn.com/blog/2009/08/27/pizzeria-s … iolations/

3

Pizza Hut Says Drivers’ Lawsuit Lacks Merit
http://www.pmq.com/news/news.php?id=13173

According to kansascity.com, “responding to a lawsuit claiming it pays its delivery drivers less than minimum wage, Pizza Hut franchisee NPC International said its pay equals or exceeds federal and state standards.”

“In an answer filed Monday in federal court in Kansas City, Kan., the Overland Park-based company contended the suit “unfairly quantifies” its compensation by failing to include tips. It also said that the plaintiffs never complained that NPC’s automobile expense reimbursements were insufficient, as the lawsuit alleges.”

“’NPC has at all times acted in good faith and complied with the federal and state laws governing plaintiffs’ employment,” the company stated in its answer."

“’Plaintiffs’ amended complaint should be dismissed in its entirety and NPC should be awarded its attorneys’ fees, expenses, and costs incurred in defending this meritless action.'”

“NPC is the largest pizza hut franchisee in the world, with 1,161 Pizza Hut restaurants in 28 states, including Missouri and Kansas.”

Full Story: http://economy.kansascity.com/?q=node/2919

4

Kansas City Pizza Hut Drivers Sue Employer
http://www.pmq.com/news/news.php?id=13134

According to a report on justicenewsflash.com, “Legal news reports for Kansas employment law attorneys.”

“Kansas delivery drivers sue Pizza Hut claiming franchise violated fair wage laws. Kansas City, KS–Delivery drivers, employed by Pizza Hut, represented by employment law attorneys filed a lawsuit against the national pizza chain alleging unfair wage practices. The Pizza Hut delivery drivers assert they received income below the required federal minimum wage, as reported by The Kansas City Star,” the story said.

Full Story: www.justicenewsflash.com/2009/07/13/kan … 31658.html

5

http://www.fairwagelawyers.com/lookingforcases.html

Weinhaus & Potashnick, along with Stueve Siegel Hanson LLP in Kansas City, has filed suit against NPC INTERNATIONAL, INC., the largest Pizza Hut franchisee with approximately 1,161 stores. We allege that NPC failed to adequately reimburse delivery drivers for automobile costs, uniform items, cellular telephone service and other expenses, which has resulted in delivery drivers being paid less than the federal minimum wage. Expenses paid by employees are deducted from wages in determining compliance with minimum wage law.

In addition to the suit against NPC, we are investigating similar claims for failure to pay minimum wage to delivery drivers employed by other large pizza chains such as PIZZA HUT AND ITS FRANCHISEES, PAPA JOHN’S AND ITS FRANCHISEES and DOMINO’S FRANCHISEES.

We are also seeking to investigate similar claims for failure to pay minimum wage after deduction of employee paid expenses against other FAST FOOD RESTAURANTS, CHAIN RESTAURANTS and CHAIN CONVENIENCE STORES.

If you, or anyone you know, works for one of these companies and has not been adequately reimbursed for automobile expenses, uniform items, cellular telephone service and / or other job-related expenses, please call Mark Potashnick at (314) 997-9150 ext. 2 for a free telephone consultation.

“While we seek cases nationwide, we are particularly interested in representing plaintiffs in wage and hour claims in the states of California, New York, Kansas, Illinois, Missouri, Oregon and Washington.”

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

6

Pizza Hut franchisee defends pay policy
By DAN MARGOLIES
The Kansas City Star

Responding to a lawsuit asserting that it pays its delivery drivers less than minimum wage, Pizza Hut franchisee NPC International said its pay equaled or exceeded federal and state standards.

In an answer filed in federal court in Kansas City, Kan., the Overland Park company contended that the suit “unfairly quantifies” its compensation by failing to include tips.

The lawsuit was filed earlier this year by Jeffrey Wass, an NPC delivery driver, individually and on behalf of other delivery drivers.

It also said that the plaintiffs never complained that NPC’s automobile expense reimbursements were insufficient, as the lawsuit alleges.

“NPC has at all times acted in good faith and complied with the federal and state laws governing plaintiffs’ employment,” the company stated in its answer.

“Plaintiffs’ amended complaint should be dismissed in its entirety and NPC should be awarded its attorneys’ fees, expenses, and costs incurred in defending this meritless action.”

NPC is the largest Pizza Hut franchisee in the world, with 1,161 Pizza Hut restaurants in 28 states, including Missouri and Kansas.

The suit, which was amended earlier this month, alleges that delivery drivers, though paid hourly wages roughly equal to applicable minimum-wage laws, are inadequately compensated for the actual costs of using their own vehicles to make pizza deliveries.

An attorney for Wass estimated that the suit, if certified by the court as a class action, could include up to 20,000 drivers.

To reach Dan Margolies, call 816-234-4481 or send e-mail to dmargolies@kcstar.com.

Posted on Tue, Jul. 21, 2009 10:50 PM

From page 38 of the DOL Field Operations Handbook (FOH) chapter 30

http://www.dol.gov/esa/whd/FOH/FOH_Ch30.pdf

“Tips in excess of statutory tip credit may not be credited against uniform purchase and maintenance costs”

7

Pizza Hut delivery drivers want bigger slice of the pie

Thousands of Pizza Hut delivery drivers get paid less than minimum wage because their employer doesn’t pay their automobile and other job-related expenses, a lawsuit claims.

The suit, originally filed in May in federal court in Kansas City, Kan., and amended last week, was brought against NPC International Inc. of Overland Park, the largest Pizza Hut franchisee in the world. NPC operates 1,161 Pizza Hut restaurants in 28 states, including Missouri and Kansas.

The suit says that delivery drivers, though paid hourly wages roughly equal to applicable minimum wage laws, are not adequately compensated for the actual costs of using their own vehicles to make deliveries.

“The net effect of NPC’s policy and practice, instituted and approved by company managers, is that it willfully fails to pay federal and state minimum wages,” the suit alleges.

NPC officials could not be reached for comment. But the company earlier sought dismissal of the suit on the grounds that the Fair Labor Standards Act, the federal minimum wage law, permits a “reasonable approximation” of expenses incurred. The court has yet to rule on NPC’s motion.

NPC argued that “in the absence of notice of any deficiency, NPC cannot be liable under the FLSA for failing to reimburse ‘actual’ expenses.”

The amended suit also alleges that NPC fails to reimburse drivers for cell phone charges incurred in connection with work. In addition, it seeks damages on behalf of Colorado drivers, who the suit says are not reimbursed for the costs of buying and cleaning their uniforms, causing their wages to fall below the floor imposed by Colorado’s minimum-wage law.

George Hanson, an attorney for the plaintiffs, estimated that the plaintiff class could include up to 20,000 drivers.

Similar lawsuits have been filed recently in Colorado against a different Pizza Hut franchisee, Pizza Hut Inc. and a Papa John’s franchisee. Other suits have been filed against Domino’s Pizza in Minnesota and New York.

8

Copiague Pizza Shop Accused of Labor Violations
http://www.longislandpress.com/2009/08/ … iolations/

Written by Timothy Bolger on Aug 26th, 2009

A Copiague pizzeria was accused of underpaying workers and violating federal labor laws, the U.S. Department of Labor announced Wednesday.

The agency’s Long Island office filed a lawsuit against Gaetano and Grace Pinello, owners of Mama’s Pizzeria on Montauk Highway, alleging that they required their 24 employees to work more than 40 hours weekly without paying overtime and that many were not paid the federal minimum wage of $7.25 hourly. An investigation found that the pizza shop owners did not keep proper employment records as required under the Fair Labor Standards Act since May 2006, the agency said in a statement.

“We will not hesitate to file suit against employers who willfully violate the law by deliberately failing to properly pay their employees for all the hours they work,” said Irv Miljoner, district director for the Wage and Hour Division of the labor department’s Long Island office. The suit, filed in U.S. District Court for the Eastern District of New York, seeks back pay and damages for the employees.