New Class Action: SMITH v. PIZZA HUT, INC.

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PostPosted: Sun Jun 03, 2012 2:01 am
machete25 wrote:So I'm confused because you said that no one could join the plaintiff now...but a few days ago I got something in the mail asking me to join. I'd like to join. I have been working at a corporate pizza hut for the past year, which just recently switched to a franchise as little as a few weeks ago.


Who said?

The NPC franchise case is closed, but THIS CASE against CORPORATE Pizza Hut is still open to new members. Please see here above for info on how to join the case or just follow the information in your letter.

I suggest that you and anyone else who is eligible try to join the case.
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Sun Jun 03, 2012 4:58 pm
Oh ok. Do you think they are going to ask for statistics from me? I have recorded my tips and miles driven for about 10 days, but then I got lazy and stopped keeping track. I am going to start keeping a good record on my earnings now though. I don't know any legal stuff, but I assume that if this lawsuit fails, I could open my own against the Franchise Pizza Hut that I work for now?
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PostPosted: Sun Jun 03, 2012 7:38 pm
machete25 wrote:Oh ok. Do you think they are going to ask for statistics from me? I have recorded my tips and miles driven for about 10 days, but then I got lazy and stopped keeping track. I am going to start keeping a good record on my earnings now though. I don't know any legal stuff, but I assume that if this lawsuit fails, I could open my own against the Franchise Pizza Hut that I work for now?



If you CURRENTLY work for a franchise store, collecting mileage data now is useless in the CORPORATE case.

They will likely subpena your delivery history records from the Corporate store and use that data.
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Mon Jun 04, 2012 4:56 am
I gotchya. I will still probably start collecting the data just for my own personal reference.

One thing I find interesting is...and I'm not sure if this goes on in every Pizza Hut or not..but at the end of the shift when I'm being cashed out, my manager always puts a random number between 1-10..usually like 5..for the miles driven entry. Even when I first started, and we had access to the till to cash ourselves out at the end of the shift, i was instructed to just put a number between 1 and 10 for that entry. Because of people stealing money, the manager now cashes all drivers out. But..I feel like that is an important piece of data that they have just been "B.S.'ing"..I probably average close to 40-50 miles driven per shift, yet they are entering a number between 1-10 for every shift. Is this odd? Or standard pizza hut on-goings.
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PostPosted: Mon Jun 04, 2012 5:40 am
machete25 wrote:I gotchya. I will still probably start collecting the data just for my own personal reference.

One thing I find interesting is...and I'm not sure if this goes on in every Pizza Hut or not..but at the end of the shift when I'm being cashed out, my manager always puts a random number between 1-10..usually like 5..for the miles driven entry. Even when I first started, and we had access to the till to cash ourselves out at the end of the shift, i was instructed to just put a number between 1 and 10 for that entry. Because of people stealing money, the manager now cashes all drivers out. But..I feel like that is an important piece of data that they have just been "B.S.'ing"..I probably average close to 40-50 miles driven per shift, yet they are entering a number between 1-10 for every shift. Is this odd? Or standard pizza hut on-goings.


:twisted:

If your computers are set up like PJ's you are TOTALLY BEING SCREWED out of money you are owed!

The computers at PJ's re set up to not allow any more mileage to be paid than the current IRS mileage allowed by law (55.5 cents per mile for business miles driven). While they will not allow any MORE mileage than that to be paid, they WILL allow far less than that to be paid!

You need to get very smart on this FAST! If your managers are putting just ten miles or less on your daily mileage reports than they may be limiting your mileage payouts to far less than even they are authorized to pay!

Here's an example: You take 15 deliveries on a shift and are supposedly paid $1.00 per delivery. That would give you $15 in mileage for that shift. BUT if your manager listed your mileage in the computer as just 5 miles, the computer would only allow your mileage to be 5 miles x 55.5 cents per mile so you would only get paid $5.60 instead of the $15 in mileage you were owed. That's TOTALLY FUCKED UP!

You need to multiply your mileage per delivery times your deliveries taken and make sure you are getting tour maximum delivery reimbursement allowed or your are getting screwed.

PLEASE check on this and get back to us! If your bossed are actually doing this there are LAWS on your side to help you fight it and win!
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Mon Jun 04, 2012 9:38 am
Mine does this. However, we get our $1 per run no matter what gets input to the comp for mileage at my store.

My thought is that it could still bite them in the ass just for being highly inaccurate record keeping.
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PostPosted: Mon Jun 04, 2012 4:27 pm
Like DJH said above me, I do still get the money for each delivery. At my Pizza Hut we get $1.10 per delivery. I know this for a fact because we get it in cash at the end of the day. (Unless they are somehow taking it out of my paycheck? But I doubt that) I believe the "miles driven per shift" entry is just for record keeping. It just makes me wonder that when they supena the statistics from my driver history, if they will actually take the "miles driven" statistic seriously. It could be a secret ploy from corporate to trick the drivers into saying they drove less, in case of a lawsuit. Because we actually have to sign a slip at the end of every shift, saying how much of our bank we kept after subtracting the $1.10's, and how many miles we've driven aka, the random number entered in by the manager. I figure I could easily prove it wrong, common sense would show that I'm not actually driving 10 miles a shift, more like 40. I'm going to ask my manager about it next shift.

P.S.
Another thing that bothers me is that we get dispatched on the deliveries, turning our wage from 7.25 to 4.25, before the pizza is even cut, sometimes before its even out of the oven. I think we should be dispatched AS WE ARE WALKING OUT WITH THE DELIVERY....Then, when we get back from the delivery, we sometimes have to wait 4-5 minutes just for the cashier to get free'd up enough to cash us back in. All that time ADDS UP, and causes us to lose alot of money. The managers just care about their "times", and the cashier's could care less about our wages.
(Sorry for the rant)
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PostPosted: Mon Jun 04, 2012 5:41 pm
machete25 wrote:P.S.
Another thing that bothers me is that we get dispatched on the deliveries, turning our wage from 7.25 to 4.25, before the pizza is even cut, sometimes before its even out of the oven. I think we should be dispatched AS WE ARE WALKING OUT WITH THE DELIVERY....Then, when we get back from the delivery, we sometimes have to wait 4-5 minutes just for the cashier to get free'd up enough to cash us back in. All that time ADDS UP, and causes us to lose alot of money. The managers just care about their "times", and the cashier's could care less about our wages.
(Sorry for the rant)


This could be a violation of minimum wage laws. I suggest that you tell your supervisors to stop shorting your wages by falsifying pay records by clocking you out early. I'd say that if they don't stop doing it immediately that I will take the issue over their heads and/or report the practice to the DOL for investigation.
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Thu Jun 07, 2012 12:54 am
gregster wrote:This could be a violation of minimum wage laws. I suggest that you tell your supervisors to stop shorting your wages by falsifying pay records by clocking you out early. I'd say that if they don't stop doing it immediately that I will take the issue over their heads and/or report the practice to the DOL for investigation.


I work for a PH franchise. We are dispatched and upon return cashed out only by a manager.

When we got split pay forced upon us last year, ^^^^^ this was one thing ALL of the veteran drivers pounced on ---- The fact that a LOT of times we had to hunt down the MODs to get cashed out. Obviously since we were going split pay, that hunting down process effected 2 things:

First the obvious was our pay. #1 was in the fact they used to be able to pre-dispatch us as all drivers were pretty much paid around $7 per hour all the time so this did not matter. Now if they did that we could complain they were legitimately screwing us out of money. #2 The standing around waiting for a manager to cash us out brought up the same stiuation ie. drivers standing around waiting for cash out. Yes that time standing there does add up over a weeks time.

And second (this was big time noticed by our area manager) the on-time percentage. The area manager found, after analysing the driver reports, that most "late" orders were ONLY late by 1 or 2 minutes or at worst 3 minutes (as in the time we drivers were standing around waiting to get cashed out). The franchise had been bitching about lower on-time percentages so this little fact gave the managers incentive to hussle to get us cahsed out ASAP.

Now, over all, the managers have an incentive to get us on the road "on time" and cash up out ASAP

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PostPosted: Sat Jun 09, 2012 3:12 am
Racketman I'm curious at your Pizza Hut do they accurately enter your mileage at the end of each shift?
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