San Pietro Restaurant, Sistina Face Wage and Hour Lawsuit

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The operating companies and owners behind two New York City eateries—San Pietro Restaurant and Sistina—are on the receiving end of a former employee’s proposed collective action.

The plaintiff worked as a waiter at the restaurants and was improperly compensated at a tip-credited hourly rate, the case alleges. The suit argues the plaintiff should have received at least the full minimum wage because he supposedly spent over 20 percent of each shift performing non-tipped duties, such as cleaning the bar and setting tables and chairs. The man further alleges he worked at least 57 hours each week without proper overtime and spread-of-hours pay, and says he was regularly required to work past his scheduled departure time without any pay at all.

Adding to the case’s wage allegations, the suit charges the defendants took improper deductions from the plaintiff’s wages for making errors on customer orders and not taking meal breaks, and also deprived the man of proper wage notices and accurate pay stubs throughout his employment. Moreover, the complaint claims the defendants failed to reimburse the plaintiff for work uniforms he was required to purchase out of pocket.