Harry's Italian Pizza Served Unpaid Wages Lawsuit
by Erin Shaak
Last Updated on May 8, 2018
Espinoza Aragon et al v. Lamas et al
Filed: May 11, 2017 ◆§ 1:17-cv-03542
HIP at Murray Street, LLC, which does business in New York as Harry's Italian Pizza, and two individual owners are the defendants in a proposed class action lawsuit.
HIP at Murray Street, LLC, which does business in New York as Harry’s Italian Pizza, and two individual owners are the defendants in a proposed class action lawsuit that alleges violations of the Fair Labor Standards Act and the New York Labor Law. The plaintiff is a former delivery driver of the restaurant who claims he was not paid proper minimum and overtime wages or provided with required wage documents. According to the suit, he regularly worked more than 40 hours a week, but was not compensated for some of the hours he worked and did not receive time-and-a-half overtime wages for the hours he worked above 40 each week. The plaintiff allegedly was paid at a tip-credit rate, but was not informed that the defendants would be taking a tip credit. He further claims that more than 20% of his day was spent on non-tipped duties, which voids the defendants’ right to a tip credit, according to the suit.
The suit also alleges that the defendants failed to provide the required wage notices and weekly statements that detailed their employees’ hours and rates of pay. This lack of disclosure, the complaint argues, was meant to cover the defendants’ alleged labor law violations and keep employees uninformed of their rights.
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