Johnny’s Pizza, Inc. and Johnny’s Pizza Franchise Systems, Inc. are the defendants in a proposed collective action filed by a former employee who claims the pizza restaurant chain owes unpaid wages.
Filed in Georgia, the lawsuit says the plaintiff worked as a server at the defendants’ Newnan location from September 2017 through May 2018. The plaintiff says Johnny’s Pizza paid her and other servers $2.50 per hour, a rate far below the federal mandatory minimum of $7.25. According to the lawsuit, the servers’ sub-minimum hourly rate stems from the application of an improper tip credit to the workers’ hourly pay. The tip credit was illegal, the lawsuit argues, in that the plaintiff was required to share a portion of her tips with dishwashers, employees who do not regularly receive tips from customers. Moreover, the case claims the defendants employed a policy and practice of requiring servers to spend more than 20 percent of their shifts performing non-tip-producing work, further precluding the application of the tip credit.