Former Delivery Driver Filed a Lawsuit Against Pizza Hut

On August 11, 2014, a former delivery driver filed a lawsuit in NY Federal Court against Pizza Hut, his former employer, seeking to recover for unpaid gratuities, overtime pay, liquidated damages, and attorneys’ fees and costs. The delivery driver is claiming that he is entitled to the $2.75 “Delivery Fee” that Pizza Hut charged its customers for deliveries. He is alleging that this “Delivery Fee” was believed to be a service charge paid to the delivery driver by the customers; therefore they did not tip him for his services. Since the delivery driver never received any part of the “Delivery Fee,” he is suing in order to recover that as part of his wages. Thus, the delivery driver is alleging that Pizza Hut violated the New York Labor Law (“NYLL”) by charging a mandatory service charge that is thought to be a gratuity for the employee, which in fact, is not shared with the employee.

In addition to the NYLL claims, the lawsuit also raises violations under the Fair Labor Standards Act (“FLSA”), including the failure to pay the correct overtime for all hours worked in excess of 40 hours per workweek. This claim is also based off the fact that delivery drivers’ wages should have included the “Delivery Fee,” which would increase the amount that they should have received in overtime wages as well.

The Employment Lawyers at Fitapelli & Schaffer frequently represent employees who have not been paid the correct minimum and overtime wages under the Fair Labor Standards Act and the New York Labor Law. Please contact us at (212) 300-0375 to schedule a free consultation to further discuss your rights. For more information, please visit our website, www.fslawfirm.com.