CHICAGO — Five Rosati’s Pizza franchisees must pay $250,000 in back wages and damages to restaurant and delivery employees who never received their overtime pay.
According to the U.S. Department of Labor, a federal court has required the operators of five Rosati’s Pizza franchise location in Illinois and Indiana to pay $250,000 in back wages and damages in an effort to recover unpaid overtime wages for 35 restaurant and delivery employees.
On Wednesday, April 19, a federal judge ordered Kalpesh Patel and Ketan “Kevin” Limbachiva, who own Rosati’s Pizza locations in Bloomingdale, Matteson, Plainfield and Richmond, Illinois; and Dyer, Indiana, to pay the back wages and damages owed in three payments.
Investigators allege Patel and Limbachiva misclassified delivery drivers as independent contractors, even though store management controlled their hours and assigned tasks.
They also determined Patel and Limbachiva allegedly failed to pay some workers’ overtime wages at time and one-half their regular rate of pay for hours over 40 in a workweek, incorrectly categorized some management employees as exempt from overtime and failed to maintain adequate pay records.