A distinguished regional catering group, Mazzone, has tentatively settled a class action lawsuit for unpaid wages for $4 million. The lawsuit, which was filed in 2016, alleged that tips and overtime wages were not paid properly. Specifically, it claimed that tips from wine purchases were illegally withheld from employees and Mazzone failed to pay time and a half to hourly workers when working over 40 hours per week. These alleged practices violate both the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Affected employees include all catering employees for Mazzone such as servers, bartenders, bussers, runners and others that were paid hourly and were employed between April 10, 2010 and June 20, 2019.
Although the company maintains they did not violate the law, both parties have agreed to resolve dispute under the terms of the settlement. During the nine-year period, tipped employees would be eligible to receive $12 per week worked and catering employees could receive up to $40 per week worked. The catering group must also provide a list of all affected employees including their hours worked and their last known address to facilitate a notice being sent out to them notifying them about their rights with regard to this settlement.
The restaurant and food service industry unfortunately have a bad rep when it comes to paying its employees correctly. If you work in this industry and have concerns about your pay do not hesitate to call an employment an attorney to learn more about your rights under the FLSA and NYLL. Fitapelli & Schaffer, LLP offers a free phone consultation with representatives that can help decipher if you may have a claim for owed wages. You can call us now at (212) 300-0375 or visit our website to view additional information and submit an inquiry form.