Company Behind NY Eatery Max Trattoria Enoteca Named in Wage and Hour Complaint

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A proposed collective action alleges 181 Duane Ristorante Inc., the company that runs New York Italian restaurant Max Trattoria Enoteca, and an individual with control of the business failed to pay proper wages, including overtime and spread-of-hours pay. The plaintiff, a former tipped delivery worker, claims he was ostensibly employed in the role while being required to spend several hours each day performing non-tipped duties around the restaurant. The lawsuit argues the defendants effectively disguised the plaintiff’s actual job responsibilities in payroll records to sidestep their obligation under federal and state law to pay the plaintiff at the minimum wage rate. Instead, the plaintiff claims he was compensated at a lower “tip-credited” rate due to his designation as a delivery worker, rather than a non-tipped employee.

Moreover, the plaintiff claims he was required by the defendants to buy “tools of the trade” – including vests, pairs of lights, and work shirts – without reimbursement.