A man who worked as a delivery driver for Pat's Pizza, 2254 Dorchester Ave. for 18 months yesterday filed suit, alleging the restaurant failed to reimburse him for all the mileage he put on his car, paid him less than the state minimum for overtime and kept all the "delivery charges" that customers might have thought were meant as tips.
In his suit, filed in Suffolk Superior Court, Vincent Burgos of Dorchester is seeking more than $50,000.
Burgos , who says he worked for Pat's between September, 2020 and March 31 of this year, alleges that Pat's only began reimbursing him for the mileage he racked up on his own car making deliveries a few weeks before he gave his notice:
Mr. Burgos traveled thousands of miles for Pat’s Pizza in performing his work duties for which the company failed to reimburse him. ...
Throughout the course of his employment, Mr. Burgos often traveled around 40 to 100 miles per workday to fulfill his job duties for Pat’s Pizza in his personal vehicle, but Pat’s Pizza failed to reimburse him for those expenses.
The suit continues that Burgos was paid $15 an hour for overtime, when state law required overtime pay for one and a half times minimum wage, or $19.13 an hour in 2020 and $20.25 an hour in 2021.
Also, he was paid just $10 an hour, on the expectation he would receive tips, but he alleges many customers never tipped him because of a "delivery charge" that Pat's added to bills and which he says the pizzeria kept for itself:
During the course of Mr. Burgos’ employment, Pat’s Pizza charged its customers a delivery charge of $2.50 for regular orders and 5% of the total bill for catering orders (collectively, the “Delivery Charges”), including on deliveries completed by Mr. Burgos.
The Delivery Charges appeared on Pat’s Pizza customers’ receipts as "Delivery Charge."
During Mr. Burgos’ employment, Pat’s Pizza failed to inform customers that the Delivery Charges did not represent a tip for Mr. Burgos.
During Mr. Burgos’ employment, Pat’s Pizza failed to inform customers that it retained the Delivery Charges.
Pat’s Pizza failed to remit to Mr. Burgos the Delivery Charges associated with deliveries he completed, depriving him of a significant amount of unpaid wages.
Pat's, owned by Patrick Newell, has until August 9 to answer the complaint.