Federal District Court Approves Class Action Suit against New York Pizzeria

Author: Hans & Associates, P.C.

The United States District Court, Southern District of New York certified a class action suit brought by more than 100 current and past employees against Adrianne’s Pizza Bar. In the case, Marcel Mendez v. Pizza on Stone, LLC (d/b/a Adrianne’s Pizza Bar)  the plaintiff, Marcel Mendez alleged that the restaurant failed to record work hours and pay minimum wages, overtime, and spread of hours. Spread of hours refers to a New York law that requires employers to pay workers an additional hour of pay when they work over 10 hours, as in a split shift.

Mendez worked at the Manhattan pizzeria for five years as a delivery worker. His attorney entered a motion for summary judgment regarding certification as a class, and the defense argued that delivery workers and on-site restaurant staff were different classes based on the different nature of their work. The judge disagreed, and because the lawsuit applied to more than 100 workers working at the pizzeria from 2005 to 2011, this criterion also satisfied certification requirements for a class action lawsuit.

Until 2010, the restaurant owners had paid delivery employees salaries but had not kept records of hours worked. The restaurant’s lack of records violated New York laws, which the judge also pointed out in the ruling.

If you are a restaurant owner, it is important to understand and comply with state and federal employment laws so you avoid potential disputes and lawsuits such as this one. Hans & Associates, P.C.  works with small and medium-sized restaurant owners throughout New York City to help them comply with laws and protect their business interests.

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