In March 2017, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against Nick’s Pizzabar located at 365 3rd Avenue, New York, New York 10016. The lawsuit seeks to recover minimum wages, uniform maintenance pay, unlawful deductions, and other wages for all current and former delivery workers. Among other claims, the lawsuit alleges that Defendants failed to provide proper notice to delivery workers that would enable the company to take a “tip credit” towards the hourly rates paid to delivery workers. The lawsuit also alleges that Defendants required delivery workers to spend a substantial amount of time, 2 hours or more than 20% of their work time, performing non-tip producing side work. Some of this side work included, but was not limited to, general cleaning, sweeping floors, washing dishes, making to-go condiment and utensil bags, and making pizza boxes.
On June 21, 2017, the Court approve that notice of the lawsuit be sent to all current and former delivery workers so that they may join the case. From the date of mailing, delivery workers will have 75 days to return a consent form to join the lawsuit. You can view the order here.
If you or anyone you know has worked for Nick’s Pizzabar as a delivery worker or has faced similar violations while working at another restaurant, feel free to contact an employment attorney at Fitapelli & Schaffer, LLP. Unfortunately, the restaurant industry is notorious for failing to pay its workers properly, so you may have a wage claim for unpaid wages and not even realize it. You can schedule a free phone consultation with one of our experienced attorneys by calling (212) 300 – 0375 or by visiting our website at fslawfirm.com. .Share