La Mia Pizza Hit with Former Delivery Worker’s Wage and Hour Suit

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A former employee of La Mia Pizza has filed suit against the restaurant’s five operating companies and six individual owners over claims that the defendants failed to adhere to the Fair Labor Standards Act and New York Labor Law. The man says he worked at the New York eatery as a delivery worker but was also responsible for preparing food, cleaning, stocking, washing dishes, and other general restaurant duties for which he didn’t receive tips. According to the suit, the defendants were not permitted to apply a tip credit to the plaintiff’s wages since he spent more than 20 percent of each day performing non-tipped activities and never received notice of the tip credit.

The plaintiff alleges he was paid a fixed salary of $350 per week and typically worked 60 hours per week. This pay supposedly failed to meet minimum wage requirements and didn’t account for time-and-a-half premium wages for hours worked over 40.

The man further argues that the defendants neglected to provide him with proper meal breaks and wage documents and failed to reimburse him for purchasing “tools of the trade,” including a bicycle, helmet, rain gear, and the costs of maintaining his bike.