Ex-Delivery Worker Accuses NYC’s Claudio Pizzeria of Wage Violations

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Out of New York federal court comes a proposed collective action against the operators of Claudio Pizzeria for maintaining pay practices that allegedly robbed a delivery worker of his full wages.

Upon his hire in September 2017, the plaintiff typically worked 62 hours each week at the Manhattan eatery for a fixed weekly salary of $500, which increased to $600 by the end of his employment in November 2018, the case says. Although the man was designated as a delivery worker, the suit alleges that over 20 percent of his daily responsibilities were comprised of non-tipped duties, such as cleaning bathrooms, preparing food and washing dishes. In addition, the plaintiff claims that 70 percent of all tips he received were withheld by his employers. Given the worker’s actual responsibilities and inability to keep all gratuities, the case argues that the defendants were not entitled to take a tip credit against the man’s wages.

The plaintiff further charges that he was not paid at all for his last week of employment and was regularly required to work 10 minutes before his scheduled shift and 30 to 40 minutes after for no additional compensation.

In sum, the suit says that the plaintiff’s net hourly pay fell below the required tip-credit rate, let alone the minimum wage rate, and that he did not receive proper overtime and spread-of-hours wages.