Radicchio Pasta and Risotto Co. Accused of Wage and Hour Violations

New to ClassAction.org? Read our Newswire Disclaimer

NYC Pasta and Risotto Co. LLC (which does business in New York as Radicchio Pasta and Risotto Co.) and three individuals with control of the business are facing a proposed collective action filed by two former employees who claim the defendants violated several provisions of the Fair Labor Standards Act (FLSA) and New York state law. According to the complaint, the plaintiffs, who were respectively employed as a waitress and delivery worker, were paid a fixed salary regardless of how many hours they worked. The plaintiffs claim they should have received overtime pay for the hours they worked above 40 each week, and spread-of-hours pay for each shift they worked that lasted longer than 10 hours.

Additionally, the suit claims tipped employees like the plaintiffs were never informed that customer tips would be included “as an offset for wages.” To this point, the plaintiffs say they spent at least 20 percent of each shift performing non-tipped duties and that a portion of their tips were unlawfully withheld from them, meaning the defendants were not eligible under the FLSA to take a tip credit. As a result, the suit says the plaintiffs were entitled to the full minimum wage, which the defendants allegedly failed to pay them.

The plaintiffs further allege that they were required to purchase “tools of the trade” – such as bicycle equipment and uniforms – without reimbursement.