La Villa Sued Over Alleged Wage and Hour Violations

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Dibella Corp. and three individual owners are on the receiving end of a proposed class action filed by a former waiter who alleges he wasn’t paid properly while working at the defendants’ restaurant, La Villa. The man claims he and other waiters were paid less than the lawful tip-credit rate, when they should have instead been paid the full minimum wage because the defendants withheld portions of their tips and didn’t notify them of the tip credit.

Further, the plaintiff says he typically worked more than 40 hours per week without receiving time-and-a-half overtime wages or spread-of-hours pay for shifts that lasted longer than 10 hours. According to the suit, the defendants required him to begin working 30 minutes before each scheduled shift without compensating him for the extra time and adjusted his paystubs to reflect inaccurate hours and wages.

The suit also argues that the restaurant required the plaintiff to purchase pants, shirts, and shoes to wear while performing his job – “tools of the trade” for which he says he was never reimbursed.