Adrienne’s Pizza Bar Hit with Former Employee’s Wage and Hour Suit

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Three operating companies of Adrienne’s Pizza Bar and two individuals who control the business are facing claims that they failed to comply with the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). In a proposed collective action, the plaintiff – a former delivery driver for the New York City pizzeria – claims the defendants refused to pay him and similarly situated employees proper minimum wages. In fact, the suit says, the plaintiff was paid lower than the tip-credited rate when the defendants neglected to meet the requirements for a tip credit. Furthermore, the plaintiff argues that he was not properly notified that a credit would be taken from his wages to account for tips and was required to spend more than 20 percent of each workday performing non-tipped duties in alleged violation of the FLSA’s tip credit provision.

The complaint further argues that the defendants failed to provide the plaintiff with required wage documents and unlawfully required him to purchase six bicycles, a helmet, bicycle lights, and a lock a chain – which the suit says are “tools of the trade” required to perform his job – without reimbursement.