V & J Employment Services, Pizza Hut of America Facing Drivers' FLSA Action

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Pizza hut franchisee V & J Employment Services, Inc. and Pizza Hut of America, LLC are the defendants in a proposed class action that claims the parties unlawfully retained drivers’ delivery fees and failed to pay proper minimum wages under the Fair Labor Standards Act (FLSA) and New York Labor Law. The defendants, who served as joint employers, allegedly make de facto deductions of a mandatory $2.50 delivery fee from proposed class members’ wages, which causes the workers’ hourly rates to fall below the federal minimum.

The lawsuit notes that individuals who are hired by V & J Employment are forced to sign an “arbitration and collective/class waiver agreement” that bars employment disputes from being handled through class action litigation.