NY Man Files Unpaid Wage Lawsuit Against Arte Italian Restaurant

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Yerina Restaurant Corp. and an individual owner are facing a proposed class action lawsuit that claims they failed to pay their employees the required minimum, overtime, and spread of hours wages. The plaintiff says he worked as a delivery driver for the defendants at their New York Italian restaurant, Arté. According to the complaint:

“In violation of federal and state law…, Defendants classified [the plaintiff] and other delivery workers as tipped employees, but did not even pay them at the tip-credited rate when they should have classified them as non-tipped employees and paid them at the minimum wage rate.”

The plaintiff argues that the defendants were required to pay him the full minimum wage rate because more than 20% of his duties consisted of non-tipped work, but that they paid him even less than the reduced tip-credited rate that supposedly accounted for tips he was not receiving. He further alleges that he was not compensated at all for some of the hours he worked and that the defendants failed to provide him with wage statements or any record of his hours worked.