Owners of NY's Arturo Pizza Sliced with Wage and Hour Suit

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The owners of Bronx, New York pizzeria Arturo Pizza are the defendants in a proposed class action that claims workers were not paid minimum and overtime wages in accordance with the Fair Labor Standards Act (FLSA). The plaintiff claims that although he was hired as a delivery worker, he spent several hours each day performing non-tipped activities, including preparing food, cleaning and helping customers. The lawsuit asserts that the defendants illegally took a tip credit on the plaintiff’s wages to which they were not entitled—since the worker’s daily non-tipped duties exceeded 20 percent of his workday—causing the man’s wages to fall below the federal minimum. Additionally, the plaintiff says he was never given spread-of-hours pay owed in New York to individuals who work longer than a 10-hour shift.