Papa John’s has more than one way of taking an unfair slice of deliverymen’s wages, several lawsuits claim.
The chain, subject of a state probe of fast-food chains allegedly underpaying some deliverymen by using them to do general in-store work, also cheats the workers out of tips by not clearly marking service charges on receipts, one lawsuit charges.
The owner of the Papa John’s franchises at 12 East 37th St., 1732 Second Ave. and 594 Amsterdam Ave., tacks on a $1.50 “service charge” to delivery orders but fails to give receipts, misleading customers into believing the service charge is a tip, according to the lawsuits.
Under the law, Papa John’s needs to be clear the store keeps the charge and not the driver, according to lawyer Richard Garbarini, who represents two sets of deliverymen who have sued their former employers.
Similar charges have been filed against franchisees owning Papa John’s locations at 2119 First Ave., 703 Lenox Ave., 3477 Broadway, 4221 Broadway and 4921 Broadway.
Garbarini told The Post the franchisees may need to pay drivers for all “service fees” charged over the past six years.
The two suits could be worth more than $1 million each, he said.
The lawyer said that if he wins and the franchisees do not have the money to pay, he might pursue claims against the parent company.