Nick's Pizzabar, One Other Knocked with Unpaid Wages Lawsuit

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A proposed class action looking to recover allegedly unpaid minimum wages, uniform maintenance reimbursement and unlawful deductions has been filed against Grace 365 Group, LLC, which does business as Nick’s Pizzabar in New York City, and Hanover Ventures, LLC, which the complaint says operates more than 25 restaurants and nightlife spots in the city.

According to the lawsuit, Nick’s Pizzabar is “known for its take-out and delivery services” in its New York neighborhood. The case says the eatery emphasizes its delivery services “through a specialized menu for take-out and delivery purposes,” as well as through the Seamless and GrubHub websites.

The lawsuit claims the defendants violated the Fair Labor Standards Act (FLSA) and New York Labor Law by taking a tip credit toward their hourly paid delivery workers’ wages to which the companies were not entitled. Moreover, the defendants allegedly failed to notify proposed class members that a tip credit would be taken on their wages. Delivery workers allegedly spent more than 20 percent of their worktime performing non-tip-producing activities.