A Queens’ Uno Pizzeria & Grill has been accused of wage theft by its waitstaff in a case filed in New York federal court. The lawsuit accuses the restaurant of violating the minimum wage requirement, overtime requirement, tip-credit notice requirement, and the 80/20 rule of the Fair Labor Standards Act and New York Labor Law.
According to the lawsuit, workers at the Astoria restaurant were required to punch out at the end of their scheduled shift, but had to work as much as two additional hours after punching out. Wage statements issued by the restaurant did not reflect the off-the-clock hours work.
The lawsuit also claims that Uno required its waitstaff to engage in non-tipped activities, such as moving heavy boxes, preparing food, wiping the restaurant walls, and cleaning the kitchen, for 20% or more of their workday. Attorneys for the waiters claim that because the waitstaff engaged in those non-tipped activities must be paid at the full minimum wage of $8.75, rather than the tipped minimum wage of $5 per hour, because of the violations of the 80/20 rule.