While unemployment is down in America, what is often overlooked is that not only are many of these jobs at or near minimum wage, but there are many unscrupulous employers out there that don’t even want to pay you that.
A couple of recent cases against Pizza Hut highlight the kinds of things employers try in an attempt to pay even less than minimum wage.
In a class action lawsuit in New York, Pizza Hut was sued for not paying minimum wage. They were paying employees $2.13 per hour, arguing that tips made up the difference between that amount and minimum wage. The suit points out two important things though. The actual tips received together with the wage must total the minimum wage amount. The employee if classified as a tipped worker cannot be required to do non-tipped work.
In another lawsuit, just settled, Pizza Hut failed to pay its delivery drivers minimum wage. They were paid only $5.25 per hour with Pizza Hut unsuccessfully arguing that the tips received made up the difference. The drivers were required to use their own personal vehicles and were paid $1 per delivery. The cases was settled as a class action.
There are a myriad of state and federal laws that require payment of minimum wages and govern how time and work is to be computed. Make sure that you are receiving what you are entitled to.