Five (5) Collective Action Lawsuits

The allegations in the five lawsuits have not been adjudicated and NPC International, Inc. denies any wrongdoing relating to the allegations. If you choose to join one or more of these lawsuits you will be bound by any ruling, judgment or settlement. There are no guarantees. If you choose not to join any of these lawsuits, you are free to take action on your own or do nothing. You also have the right to choose different counsel. If you choose to participate in one or more of these lawsuits, your interests will be represented by plaintiffs' counsel in such lawsuit(s). Retaliation for pursuing rights protected by the FLSA is prohibited.

Shift Managers:

Suppose a Shift Manager is required to clock out at closing each evening but is expected to spend an hour taking inventory and making a drop of the day's deposit at a local bank after clocking out. Assume this is a daily routine and the shift manager works five days a week and has been employed for more than three years.

The alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical, considering the 2 year statute of limitations for FLSA violations

1 hour x 500 days (two years) = 500

500 x $7.25 (just as a minimum wage employee) = $3,625.00

Assuming a Court were to find willful violations (which would extend the statute of limitations to 3 years) and applied liquidated damages (doubling the amount of damages), the alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical.

1 hour x 750 days (three years) = 750

750 x $7.25 (just at minimum wage) = $5,437.50

$5,437.50 x 2 (liquidated damages) = $10,875.00

Delivery Drivers:

Suppose a delivery driver is asked to clock out prior to delivering a pizza to a credit card customer and the average time it would take to deliver the pizza and return to the restaurant, if not clocked-out, would average 45 minutes. Assume this situation occurs at least twice a week and the delivery driver has been employed for the past two years.

The alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical.

.75 (45 minutes) x 100 days (twice a week for 2 years) = 75

75 x $7.25 (just as a minimum wage employee) = $543.75

Assuming a Court were to find willful violations and applied liquidated damages in this hypothetical, the alleged 'off the clock” unpaid wages could be calculated as follows.

.75 (45 minutes) x 100 days (twice a week for 2 years) = 75

75 x $7.25 (just as a minimum wage employee) = $543.75

$543.75 x 2 (liquidated damages) = $1,067.50

Tipped Employee (Server):

Suppose a server is clocked-in as a tipped employee but is asked by a general manager to assist in food preparation for an hour each day without clocking out as a tipped employee and, without clocking-in under a non-tipped employee code. Assume the server has been employed for the past three years and is paid $3.25 sub-minimum wage when clocked in as a tipped employee.

The alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical:

1 hour x 500 days (5 days per week for two years) = 500

500 x $4.00 ($7.25 - $3.25 sub-minimum wage) = $2,000.00

Assuming a Court were to find willful violations and applied liquidated damages in this hypothetical the alleged “off the clock” unpaid wages could be calculated as follows.

1 hour x 750 days (5 days per week for three years) = 750

750 x $4.00 ($7.25 - $3.25 sub-minimum wage) = $3,000.00

$3000.00 x 2 (liquidated damages) = $6,000.00

Cooks:

Suppose a cook who is paid minimum wages is required to clock-out each week at 39 hours and 59 minutes so the employer can avoid any overtime hours. However, the general manager promises the cook that any hours worked over the 39 hours and 59 minutes each week will be carried over to the following week. Assume the cook averages 44 hours each week and has been employed for the past five years.

The alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical:

4 hours x 100 weeks (2 years) = 400

400 x $10.875 ($7.25 x 1.5 for overtime) = $4,350.00

Assuming a Court were to find willful violations and applied liquidated damages, the alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical.

4 hours x 150 weeks (3 years) = 600

600 x $10.875 ($7.25 x 1.5 for overtime) = $6,525.00

$6,525.00 x 2 (liquidated damages) = $13,050.00

(Note: Federal laws require any hours over 40 in any work week must be paid at time and one-half in the restaurant industry.)

Customer Service Representative:

Suppose a minimum wage customer service representative is instructed by a GM to clock out for an unpaid 15 minute break during the first half of the shift and also clock out for an unpaid 15 minute break during the second half of the shift each work day. Assume the customer service representative has worked five days a week and has been employed for 4 years.

The alleged “off the clock” unpaid wages for the twice-a-day breaks of 15 minutes each could be calculated as follows for this hypothetical.

.5 hours (2 fifteen minute breaks per day) x 500 days (2 years) = 250

250 x $7.25 (just at minimum wage) = $1,812.50

Assuming a Court were to find willful violations and applied liquidated damages, the alleged “off the clock” unpaid wages could be calculated as follows in this hypothetical.

.5 hours (2 fifteen minute breaks per day) x 750 days (3 years) = 375

375 x $7.25 (just at minimum wage) = $2,718.75

$2,718.75 x 2 (liquidated damages) = $5,437.50

(Note: Breaks of less than 20 minutes must be paid under the Federal Wage Laws.)

Hypothetical Examples of “Off The Clock” Meetings Time

Suppose an employee, whether a shift manager, server, delivery driver, cook or customer representative, is required to attend meeting once a month without being paid. Assume the employee has been employed for three years.

The alleged “off the clock” unpaid wages for such meetings time could be calculated as follows

1 hour x 24 months =24

24 x $7.25 (just at minimum wage) =$174.00

Assume a Court were to find willful violations and applied liquidated damages, the alleged unpaid wages for the “off the clock” meetings time could be calculated as follows in this hypothetical

1 hour x 36 months =36

36 x $7.25 (just at minimum wage) = $261.00

$261 x 2 (liquidated damages) = $522.00

Hypothetical Example of “Off The Clock” Training Time

Suppose an employee has been required to undergo training as a server, then as a customer service representative, then as a delivery driver, then as a cook and finally as a shift manager while off the clock without pay. Assume there is a total of 16 hours of training involved, altogether.

The alleged unpaid wages for such “off the clock” training time could be calculated as follows in this hypothetical

16 x $7.25 (just at minimum wage) = $116.00

Assume a Court were to find willful violations and applied liquidated damages, the alleged unpaid wages for such “off the clock” training time could be calculated as follows for this hypothetical

16 x $7.25 (just at minimum wage) = $116.00

$166.00 x 2 (liquidated damages) = $232.00

Disclaimer: The above calculations of alleged unpaid wages for “off the clock” work time, meetings time and training time are merely hypothetical examples and should not be taken in consideration in calculating any potential (alleged) unpaid wages for “off the clock” work time, meetings time or training time by individuals who may want to join in one or more of these five collective action lawsuits. The hypothetical calculations are examples of gross amounts of alleged unpaid wages and do not take in consideration any contingency fees or other costs that may be associated with that any collective action lawsuit.