Collective Action Claims Arturo's Pizza Owes Unpaid Wages

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An individual ostensibly employed as a tipped delivery worker by Arturo’s Park, Inc. and JJ Nap Inc. has sued the companies and two individuals over alleged violations of the Fair Labor Standards Act (FLSA). The plaintiff claims the defendants, who operate Upper East Side Italian eateries Arturo’s Restaurant and Arturo’s Pizzeria in New York City, required him and similarly situated employees to spend several hours each day performing non-tipped, non-delivery-related tasks around the restaurant. According to the lawsuit, the plaintiff worked an average of between 61 and 62 hours per week without being paid proper minimum, overtime or spread-of-hours wages.

“[The defendants] habitually required their employees, including [the plaintiff] to work additional hours beyond their regular shifts, but did not provide them with any additional compensation,” the case argues, adding the defendants were not permitted to take an alleged tip credit on the plaintiff’s wages since he spent more than 20 percent of his time each day performing non-tipped activities.