NYC's Polpette Italian Restaurant Hit with Unpaid Wage Claims

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A former employee of New York Italian restaurant Polpette has filed a lawsuit against the restaurant’s operating company – Nicky Meatballs Inc. – and an individual owner, claiming they failed to pay employees proper minimum, overtime, and spread-of-hours wages. The complaint alleges that the plaintiff – who was employed as a dishwasher and delivery worker – typically worked 90 hours per week and was paid a fixed weekly salary that amounted to an hourly rate that fell below the required tip-credited rate. On top of that, the suit argues that the defendant failed to satisfy the requirements of a tip credit and was not permitted to pay the plaintiff less than the full minimum wage because he spent more than 20% of each work day performing non-tipped duties.

Furthermore, the plaintiff claims the defendants failed to pay him time-and-a-half overtime wages for all the hours he worked above 40 each week and neglected to compensate him, in violation of state law, for an extra hour of work each time his shift exceeded 10 hours. He also argues that the defendants illegally withheld all of his credit card tips.