Pizza Hut restaurants in New York State have been hit with a wage theft lawsuit by one of its servers. Amanda Perry, a server who worked at a Pizza Hut in Canandaigua, New York, claims in her lawsuit, filed in a federal court in western New York, that the restaurants stiffed her and other servers out of overtime and minimum wage pay.
According to the lawsuit, the Pizza Hut restaurants should not have taken a “tip credit” and paid the servers at the $5 per hour tipped minimum wage because the restaurant did not notify the servers of the tip credit provision of the law and did not provide proper wage statements and notices. Lawyers for the restaurant workers claim the restaurants should have paid at the full minimum wage rate for all hours worked in addition to overtime pay for hours worked in excess of forty per week.
The lawsuit also claims that the servers were entitled to an additional hour of pay as “spread-of-hours pay” for days when the waitstaff worked more than ten hours. The lawsuit also claims that the Pizza Hut restaurants required the waitstaff to maintain uniforms without providing additional pay to do so.