Broadway Pizza, Owners Hit with Wage and Hour Lawsuit

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The operating company that runs New York City’s Broadway Pizza – Broadway Pizza & Restaurant Corp. – and the restaurant’s three owners are the defendants in a lawsuit that claims the plaintiff, a former tipped delivery worker, ostensibly, is owed unpaid wages after being forced to spend several hours each workday performing non-tipped tasks unrelated to delivering food. The case claims the plaintiff is owed unpaid time-and-a-half overtime wages and spread-of-hours pay, specifically, due in part to being paid a lower tip-credited rate even though the defendants, considering how much time the man allegedly spent performing non-tipped work, were not eligible to take a tip credit on the former employee’s wages.

“Upon information and belief, [Broadway Pizza] employed the policy and practice of disguising [the plaintiff’s] actual duties in payroll records to avoid paying [the plaintiff] at the minimum wage rate, and to enable them to pay [the plaintiff] at the lower tip-credited rate (which they still failed to do) by designating him as a delivery worker instead of a non-tipped employee,” the lawsuit claims.

The case says the plaintiff typically worked 73.5 hours per week for the defendants between March 2012 and September 2017 without being paid proper wages.