Amendola Pizza Clipped with Delivery Workers’ Wage and Hour Complaint

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The companies that run Hartsdale, New York eatery Amendola Pizza and three individuals with control over the business are the defendants in a proposed collective action filed by three plaintiffs who claim they’re owed unpaid minimum, overtime and spread-of-hours wages. The case states the plaintiffs, two of whom still work for Amendola Pizza, were on the defendants’ books as tipped delivery workers, yet were required to spend a considerable part of their workdays, more than 20 percent, performing non-tipped duties. According to the lawsuit, the defendants applied an improper tip credit to the plaintiffs’ wages, and paid them below the federal minimum wage for non-tipped employees. The case charges that the defendants disguised the plaintiffs’ true job roles in payroll records to avoid paying the minimum wage set by the Fair Labor Standards Act (FLSA) and New York Labor Law.