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Sardinia Enoteca Restaurant Wage And Hour Class Action Lawsuit

In this wage and hour class action lawsuit, a former server at Sardinia Restaurant in Miami Beach, Florida alleges that defendants 1801 Purdy, LLC, Antonio Gallo and Pietro Vardeu deprived plaintiff and other similarly situated parties the wages and tips they rightfully earned and made paycheck deductions for required uniform items, further unfairly reducing their earnings to a level below the statutory minimum.

Defendants own and operate the Sardinia Restaurant in Miami Beach, Florida, the enterprise at which plaintiff Luca Tomasutti was employed from January of 2015 to March of 2015. Plaintiff claims that during this time, he worked an average of eight shifts each week, consisting of 47 hours each, the first 40 of those being minimum wage time. According to the Fair Labor Standards Act, if an employer meets the requirements of the law, it may apply a portion of a tipped employee's tips ("tip credit") up to a maximum of $3.02 per hour toward its obligation to pay minimum wage. The employer has the burden of demonstrating that it is entitled to take advantage of the tip credit.

Employers wishing to use the tip credit must pay the appropriate minimum wage for tipped employees and also allow those individuals to retain all tips received, except where a valid pooling arrangement is reached among tipped employees. Otherwise, employers are obligated to pay full applicable minimum wage. Plaintiff now alleges that defendants paid him and other class members less than minimum wage, because they claimed the tip credit, yet routinely required a kickback of tip amounts through a required payment for inventory replacement.

Plaintiff also alleges that he was not paid for all hours worked, did not receive proper notice as tipped employees concerning the employer's claiming of tips toward payment of the applicable minimum wage and that he was forced to pay for required uniform items via paycheck deduction, which decreased his pay for purposes of the minimum wage requirement even further. These actions on the part of the employer, according to the complaint, cause it to fall out of compliance wiht the necessary conditions for claiming the tip credit under the FLSA. 

The complaint seeks payment for all hours worked at full minimum wage, liquidated damages equal to that amount, attorney fees and costs and a declaration of rights intended to clarify and settle the legal relations at issue for class members who continue to work for defendants.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Food servers sue alleging employment violations

September 18, 2015

This complaint alleges that the restaurant requires food servers to pay certain inventory and uniform costs and that by deducting those costs from the food servers' pay checks it violates all sort of federal wage laws.

1801_purdy_waiter_complaint.pdf

Case Event History

Food servers sue alleging employment violations

September 18, 2015

This complaint alleges that the restaurant requires food servers to pay certain inventory and uniform costs and that by deducting those costs from the food servers' pay checks it violates all sort of federal wage laws.

1801_purdy_waiter_complaint.pdf
Tags: Employment Violations, Minimum Wage Violations, Unpaid Overtime, Unpaid Tips, Your Job