Wage and Hour Suit Filed Against NYC Eatery Stella’s Pizza

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A former employee alleges in a proposed collective action that the operating company and owners of New York City restaurant Stella’s Pizza failed to pay proper wages.

The plaintiff put in between 60.5 and 70 hours per week as a delivery worker at the pizzeria between September 2017 and October 2018, according to the suit. The man alleges he was paid an hourly rate of $10 for only 57 to 60 of his hours worked each week.

Despite his position as a tipped employee, the complaint continues, the plaintiff spent a significant part of his workdays performing non-tipped duties, such as preparing pizza dough and sauces, arranging delivery orders and washing dishes. The case argues that the defendants therefore were not entitled to take a tip credit against the plaintiff’s wages and should have paid the man at least the full minimum wage for all time spent working. In addition to seeking allegedly unpaid time-and-a-half overtime wages, as well as spread-of-hours pay for shifts that lasted over 10 hours, the plaintiff claims he is owed wages for four workdays on his first week at the job for which he was supposedly not compensated for at all.

The suit goes on to claim that the plaintiff was deprived of proper meal breaks, a wage notice, and accurate paystubs throughout his tenure. Lastly, the plaintiff seeks reimbursement for equipment he was allegedly required to purchase for the job, such as a bicycle, a helmet, and clothes.