Moscato Restaurant Served with FLSA Class Action

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Baggio Ltd., which does business as Moscato Restaurant in Scarsdale, New York, and two owners are the defendants in a proposed class action that alleges violations of the Fair Labor Standards Act. The suit claims the restaurant failed to pay its employees proper wages and provide accurate wage statements in accordance with New York state law. The four plaintiffs were employed by the defendants as runners and bussers, and often worked in excess of 40 hours per week, according to the complaint. Instead of paying employees time-and-a-half overtime wages for hours worked over 40, the owners of the restaurant would sometimes clock them out in the middle of a scheduled shift and inform them that they would be paid only in tips for the remainder of the shift, the plaintiffs claim.

In addition to unpaid overtime, the complaint cites a list of the plaintiffs’ other grievances with their employer, including minimum wage violations, failure to pay “spread-of-hours” wages, the participation of managers in the tip pool, and failure to accurately record and report employees’ hours and wages.

The proposed class includes non-management employees who worked for the defendants at Moscato Restaurant anytime between March 29, 2014 and the date the case was filed.