Class action claims NY Papa John’s franchises commit wage, scheduling violations

Papa John’s class action overview: 

• Who: Several New York City Papa John’s franchisees are facing a class action lawsuit over unpaid overtime, wages and disregard of labor law.
• Why: The franchisees are accused of violating the Fair Labor Standards Act and New York Labor Law.
• Where: The Papa John’s wage lawsuit was filed in federal court in New York.

Several New York City Papa John’s franchisees are facing a class action lawsuit over unpaid wages, overtime and violations of both the federal Fair Labor Standards Act (FLSA) and New York Labor Law.

The companies are accused of having employees work more than 40 hours without paying overtime, having them work clopening shifts where they close one night and open the store the next day and also of not fully paying for hours that the employees worked.

Plaintiff Engier Ventura kept separate records of the times and hours that he worked, which highlight the issues brought up in the Papa John’s wage lawsuit.

“These records confirm not only violations relating to overtime compensation but also infractions associated with ‘time shaving,’“ the Papa John’s class action says. “An instance of this malpractice is evidenced when Mr. Ventura, despite being mandated to work from 8 p.m. to 1 a.m., was only documented and compensated as having worked until 12 a.m.”

Unpaid work hours are violation of FLSA, New York Labor Law, lawsuit says

Employees also were not given schedules 14 days in advance and schedules were frequently changed without sufficient notice from the Papa John’s franchises. The employees also did not give written consent to the schedule changes or the additional work hours, the lawsuit says.

Because they were not paid for all hours worked, the class claims that the New York Papa John’s franchises violated FLSA and New York Labor Law by not paying employees minimum wage for working hours.

Papa John’s is facing a class action lawsuit claiming the company sent repeated marketing text messages to individuals despite their attempts to opt out of the messages.

Have you ever been asked to work extra hours without pay? Let us know in the comments.

The plaintiff is represented by Mohammed Gangat of The Law Offices of Mohammed Gangat.

The Papa John’s class action lawsuit is Ventura, et al. v. PJ National New York LLC, et al., Case No. 7:23-cv-10787, in the U.S. District Court for the Southern District of New York.

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