On Friday, September 25, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Numero 28 Pizzerias in New York. The lawsuit is filed on behalf of all servers, busboys, runners, bartenders, and other “Tipped Workers” who work or have worked at any of Numero 28 pizzerias in New York City. Numero 28’s New York City locations include the “West Village”- located at 28 Carmine Street, New York, NY 10014; the “Upper East Side”- located at 1431 First Avenue, New York, NY 10021; the “East Village” – located at 176 Second Avenue, New York, NY 10003; the “Upper West Side”- located at 660 Amsterdam Avenue, New York, NY 10025; “Brooklyn”- located at 137 7th Avenue, Brooklyn, NY 11215; and “Bergen Street”- located at 68 Bergen Street, Brooklyn, NY 11201.
The lawsuit alleges that the owners and operators of Numero 28 have instituted widespread practices and policies that violate their Tipped Worker’s rights under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). The lawsuit alleges that Numero 28 failed to pay Tipped Workers ANY HOURLY WAGES to which they were entitled. Specifically, Defendants failed to properly utilize the “tip credit” provision that allows them to pay an hourly rate below the regular minimum wage (currently $8.75 in New York). The lawsuit alleges that Numero 28 failed to notify Tipped Workers, verbally or in writing, of the tip credit provision, as required by the FLSA and the NYLL. Further, Defendants did not pay Tipped Workers an hourly wage, Tipped Workers only received tips for their shifts regardless of the number of hours they actually worked. Additionally, the lawsuit alleges that Defendants failed to compensate its Tipped Workers at a time-and-one-half rate for all hours worked in excess of 40 per workweek, as required under the FLSA and the NYLL. Further, the lawsuit alleges that Defendants failed to provide spread-of-hours pay to their employees. Employees who work over 10 hours in a single day, including working time plus time off for meals plus intervals off duty, are required by law to receive an additional hours pay from their employer. Finally, the lawsuit alleges that the owners and operators of Numero 28 further violated the NYLL by failing to provide Tipped Workers with proper wage notices and wage statements.
The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working employees. We are seeking to represent all servers, busboys, runners, bartenders, and other “Tipped Workers” who work or have worked at Numero 28 at any New York City location. Anyone who works or has worked at Numero 28 at one of the New York City locations should contact us in order to discuss your potential rights under the FLSA. For additional information, please call the NYC employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.