Former Johnny’s Pizza Server Seeking to Recover Allegedly Unpaid Minimum, OT Wages

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NY Pizza Company, LLC is facing a former employee’s proposed collective action in which the woman claims she was deprived of minimum and overtime wages mandated by the Fair Labor Standards Act (FLSA).

The complaint says the plaintiff worked as a server at the defendant’s Bethlehem, Georgia eatery, Johnny’s Pizza, from December 2017 to April 2018 and put in between 30 and 50 hours of work each week for a tip-credited hourly pay rate of $2.13. The problem, the suit argues, is that the defendant was not entitled to apply a tip credit to the plaintiff’s wages, as she spent 20 percent or more of each shift performing non-tipped work, such as cleaning, preparing food, and folding pizza boxes. As a result, the woman claims the tips she received sometimes did not “cover the difference between the lower tipped hourly rate” she was paid and the federal minimum wage.

According to the case, the defendant “violated the FLSA’s minimum and overtime wage mandates by paying Plaintiff and other servers an hourly wage below $7.25 for regular hours worked and below $10.88 for overtime hours worked.”