Sarpino's Pizza Delivery Drivers Sue Over Wage Allegations

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The operating company of Atlanta-based Sarpino’s Pizzeria and an individual owner are the defendants in a proposed collective action that claims they misclassified their employees as independent contractors and failed to pay them proper wages. According to the lawsuit, the plaintiffs are former delivery drivers who maintained no control over most aspects of their jobs, which suggests that they are employees of the defendants rather than contractors.

The drivers claim they were paid minimum wage, but were not compensated for the cost of operating their vehicles. They say the expenses associated with driving their own cars to deliver pizza (such as gasoline, insurance, depreciation, and maintenance) caused their pay to fall below minimum wage, in violation of the Fair Labor Standards Act (FLSA).

The suit further argues that the plaintiffs worked more than 40 hours per week, but were compensated at their hourly rate for all hours, instead of the time-and-a-half overtime rate mandated by the FLSA for weekly hours worked in excess of 40.