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Former delivery driver sues Lower Mills pizza place over mileage, pay, tips

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.

PDF icon Complete complaint128.76 KB


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Pat's "delivery" used to consist of a person who would pull up in front of your house in a Delta 88, blare the horn loud enough to wake the dead, and then have you walk into the middle of the street to pay them while smoke from Kents poured into your face from the inside of the car.

This suit does not shock me at all.

Voting closed 33

At least isn't the many hours of earned overtime pay withheld like Upper Crust.
Hope the dude wins. Sleazy administratively incompetent employers who are incompetent for their own benefit deserve the legal slaps.

I hope the pizza is mediocre or socks.
They probably go cheap elsewhere.

Voting closed 12

Used to infuriate my old man.

On a serious note, I'm bummed to hear this. It's a well-run establishment as far as I can tell from the food and appearances.
But no excuses for wage theft if the accusations are true.
Pay the man if so.

Voting closed 2

Plaintiff's income tax returns to show what if any tips he reported, and contemporaneous records for business mileage.

Voting closed 30

Please comment if you know what your talking about 454 Code mass.regs 27.04 (4) (b)

454 code mass.regs 27.04 (4) (c)
454 code mass.regs 27.04 (4) (d)
Clearly the employer did not follow mass regulations

Voting closed 0

Mr. Burgos traveled thousands of miles for Pat’s Pizza in performing his work duties for which the company failed to reimburse him. .

Did he ever ask to be reimbursed? If he submitted his mileage and was rebuffed, that's one thing. If he never asked for reimbursement, that's really another.

Voting closed 25

Whatever the facts of this particular case, every restaurant-- not just Pat's-- needs to make clear whether or not delivery charges are given to drivers. And it should be in bold print, upfront, when you order.
Bummed to see this. I loved Pat's not-very-Italian pasta primavera when I lived in Lower Mills.

Voting closed 11

The delivery drivers dont get tips from carney hospital staff they are cheap and never tip

Voting closed 12

Love Pat’s. I mostly do pick up but try to tip driver in cash. They always come to the door.

Voting closed 3

How the heck do delivery charges no go to the drivers? It's not like the owners delivered your stuff. This charge needs to stop or be given to the drivers dammit!

Voting closed 2

I adjust my delivery tip based on the delivery fee and the last thing I’d want to do is skimp on the delivery guy.

Voting closed 12

…in the sense that it is a revenue stream for the business and supports the drivers’ wages. Adding a delivery charge is a way to avoid raising menu prices. The national chains that rely on high delivery volume keep their menu prices competitive this way.

But you are correct in that it should be made clear that the delivery charge is not a tip for the driver.

Voting closed 2