Former Porto Bello Employee Files Wage and Hour Suit

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A former busboy and waiter for New York City Italian restaurant Porto Bello has filed suit against its three operating companies and two individuals who controlled the business, claiming they violated several provisions of the Fair Labor Standards Act and New York Labor Law. The plaintiff says he worked an average of 55 hours per week without being paid proper minimum, overtime, or spread-of-hours wages. Though the defendants applied a tip credit to his wages, according to the complaint, the man claims he was required to spend more than 20 percent of each shift performing non-tipped duties, making him ineligible for a tip credit.

The suit further argues that the defendants failed to pay the plaintiff overtime wages prior to December 2015, and after that would only pay up to six hours of overtime per week. On top of this, the complaint says, his employers neglected to provide him with accurate wage statements and required him to purchase shirts and pants for the job at his own expense.