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Class action suit against restaurant empire

By Bethany Bump
Thursday, April 11, 2013

A former server for the Mallozzi Group has accused the Rotterdam-based restaurant and catering empire of cheating its servers out of more than $1 million worth of tips over the last two years, possibly more.

The accusation was lodged in a 12-page class action complaint filed March 29 in Albany County Supreme Court by Ryan Picard, of Albany County. Picard was employed as a Mallozzi’s server for most of 2011 and all of 2012, and he claims that a mandatory 20 percent “service personnel charge” tacked onto customer’s bills was never distributed to him and at least 100 other servers.

A copy of the suit is available below.

Employees were apparently paid a flat hourly rate, according to the suit, and were told by Mallozzi management that when a customer asked if they received tips to respond that they did.

“Mallozzi’s and all of our companies adhere to all of the New York Labor Law and its guidelines with the utmost strictness,” said co-owner Bobby Mallozzi Thursday afternoon. “But that doesn’t prevent former disgruntled employees from making wrongful accusations or claims. I want to be clear that this lawsuit has absolutely no merit, and we will vigorously fight it.”

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Picard v Mallozzi

 
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