Concord, Londonderry Pizzeria Stiffed Employees: Feds

CONCORD, NH — A popular pizzeria in two New Hampshire communities is being forced to pay back wages to dozens of employees after a U.S. Department of Labor action against the business.

Checkmate Pizza, according to an investigation, is being ordered to pay 66 employees $140,203 in back wages after an investigation by the department’s Wage and Hour Division. The employer, according to the department, failed to rack and reimburse drivers for expenses incurred while they used their personal vehicles to make deliveries. This failure led to several drivers earning less than the minimum wage of $7.25 an hour. This failure was a violation of the Fair Labor Standards Act, according to the department.

The employer also violated overtime requirements by paying tipped workers time and a half their direct cash wages instead of time and a half of the employee’s regular rates of pay when they worked more than a 40-hour week.

The company did not return an email requesting comment about the case.

Steven McKinney, the Wage and Hour Division Acting District Director for the department in New Hampshire, said food delivery drivers, like many restaurant workers, have remained on the frontlines since the pandemic began, and deserved to be paid for all their work.

“Their employers are required to pay workers at least the federal minimum wage for all the hours they work, accounting for certain business expenses such as the vehicle expenses incurred by delivery drivers," he said. "We encourage other employers to heed the results of this investigation and review their pay practices to ensure they comply with the law.”

Checkmate Pizza, during the coronavirus pandemic, was fined for violating emergency orders in November 2020, according to complaints by customers who reported masks not being worn between July and September 2020 as well as not adhering to social distancing. An employee was also accused of touching their face and then touching pizza. Checkmate's owner Brian Mikol was fined $500.

For more information about the FLSA and other laws enforced by the agency, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243). Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division.

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