New Wage Theft Lawsuit Hits Batali and Restaurant Babbo

Yet another wage theft lawsuit has been filed against the Italian restaurant Babbo and its owner, Mario Batali over minimum wage and overtime pay.

The wage theft lawsuit was brought forward by a former worker for Babbo, Octavio Q., who worked there as a busser from early 2016 to October 2017. According to the wage theft lawsuit, Octavio was shortchanged wages, including overtime pay and even his full minimum wage earnings.

Octavio is looking to make this a class action lawsuit on behalf of other Babbo workers (and former workers) in a similar position.

Octavio alleges that Babbo management withheld his rightful tips, but that claim is not the main focus of the wage theft lawsuit. Instead, the focus lies on the restaurant’s failure to pay full minimum wages.

The former busser claims that he was paid $7.50 an hour instead of the full minimum wage of $11. Octavio claims he was even paid the proper $7.50 for minimum wage if the employee is also given tips. Essentially, the wage theft lawsuit claims, the restaurant was stealing a $3.50 “tip credit” from his wages.

Octavio was eventually unfairly let go by a manager, he alleges. According to the lawsuit, Octavio was told he could miss a shift to attend his brother’s wedding. Later, he was fired for taking that time off, the suit claims.

Babbo has been the center of this kind of wage theft lawsuit before. Another such lawsuit was filed back in 2010. The lawsuit was filed against Batali and his business partner Joe Bastianich for illegally skimming tips. The lawsuit reached a $5.25 million class action settlement deal in 2012.

Batali has also been hit with lawsuits over alleged discrimination problems. Another lawsuit over unfair wage claims at his restaurant Del Pasto was settled for $1.5 million, also in 2012.

Wage and Hour Regulations

There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country do not know the protections that the Fair Labor Standards Act (FLSA) offers, which can lead to employers taking advantage of them, in some cases requiring unpaid overtime work or failing to pay proper minimum wages.

Some workers may find themselves unable to file litigation like this wage theft lawsuit because they are not aware of FLSA rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations. To protect workers who help to enforce FLSA rules, laws also exist to protect workers from discrimination based on wage and hour complaints.

Filing a Wage Theft Lawsuit

If you have worked for an employer like Babbo that may have failed to follow the Fair Labor Standards Act or state labor laws, such as minimum wage requirements, you may be able to either join a class action wage theft or file a lawsuit of your own.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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