In July 2015, a server filed a lawsuit in federal court against Lunella Ristorante, an Italian restaurant in the Little Italy neighborhood of Manhattan. The Plaintiff alleges that because he was not paid for all hours worked, and indeed did not receive any wages at all on certain days, and did not receive overtime premiums even though he worked at least sixty hours per week, Defendants were not legally permitted to pay him the “tipped” minimum wage and instead should have paid him the full minimum wage. The Complaint asserts numerous other wage and hour violations as well, including failure to pay spread of hour premiums when the Plaintiff worked more than ten hours per day, misappropriation of a percentage of Plaintiff’s tips, automatic meal deductions for meals Plaintiff did not eat, and failure to provide wage notice and wage statements.
Additional employees have joined this action. If this action does not reach a fair and equitable resolution, Plaintiffs anticipate seeking class certification in January 2017. If you worked for Lunella Ristorante, or are interested in learning more about this case, please contact our firm at (212) 385-9700 or by an e-mail inquiry through our website form.