On May 18, 2018, Sommers Schwartz attorneys Matthew Turner and Rod Johnston filed a class action on behalf of current and former delivery drivers, assistant managers, and other non-exempt hourly employees of Illinois-based Sarpino’s Pizzeria.
According to the lawsuit, the defendants violated state and federal labor laws by engaging in various unlawful pay practices at several of their restaurant locations. Specifically, the plaintiffs allege that the defendants paid an hourly rate below the required minimum wage and failed to pay overtime at 150 percent of their regular hourly rate for time worked in excess of 40 hours each week.
Additionally, the plaintiffs claim that the company directed its managers to clock the plaintiffs out of the timekeeping system before the plaintiff’s scheduled shifts ended, which meant that all subsequent tasks were “off the clock” work for which they should have been paid. Also, the defendants deducted a 20- to 30-cent processing fee from all credit card tips collected by delivery drivers and failed to reimburse the delivery drivers for any auto-related gasoline, insurance, and depreciation expense incurred in the use of their personal vehicles for delivering pizza and food items.
The lawsuit, which is now pending in the U.S. District Court for the Northern District of Illinois, seeks damages in the form of back pay and other unpaid compensation.