ALBANY COUNTY : Mallozzi Group sued by former server Class-action cites loss of tip income BY BETHANY BUMP Gazette Reporter A former server for the Mallozzi Group has accused the Rotterdam based restaurant and catering business 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 fi led 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; 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.
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.”
The Mallozzi family has been a household name since 1965 when they opened the Villa Italia bakery shop in Schenectady. Over the decades, the family has opened restaurants and catering operations all over the region — from Treviso by Mallozzi’s in Albany to the Clubhouse at the Western Turnpike Golf Course in Guilderland, among others.
The class action suit was filed by New York City-based firms Joseph & Kirschenbaum LLP and Berke-Weiss & Pechman LLP; they are representing Picard and all servers employed by Mallozzi’s in the last six years. Citing the 2008 New York Court of Appeals case Samiento v. World Yacht Inc., the suit quotes court opinion as holding that any charge labeled as a gratuity cannot be accepted by the employer and should be distributed to the employee who provided the service. STATE LABOR LAW
It goes on to cite New York Labor Law, which says “A charge purported to be a gratuity must be distributed in full as gratuities to the service employees or food service workers who provided the service.” It would have been understandable, the suit continued, had Mallozzi’s filed a wage notice that made it reasonably clear to a customer that the charge was not a gratuity.
Bobby Mallozzi referred all comment to Mallozzi’s vice president of operations, Jeanette Bowers. She could not be reached for comment Thursday.
Picard and his attorneys believe that damages are in excess of $1 million, not including interest, costs and fees. They are hoping to recover unpaid wages, attorneys’ fees, costs, pre-judgment and post-judgment interest.
Nine defendants were named in the suit, including co-owners John and Joseph Mallozzi.
whenever anyone we knew used a mallozzi facility, there was always a 'gratuity charge' which was explained to us as the 'tip' that gets distributed evenly to the wait staff.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
… Mallozzi's in Rotterdam and their restaurant at the Italian Community Center in Albany are among the BEST Italian restaurants/eateries in the the country and Villa Italia in Schenectady is the best Italian bakery anywhere.
As for the Mallozzi's … I have enjoyed patronizing their various businesses
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January 2011 ROTTERDAM John Mallozzi picked for Metroplex board BY JUSTIN MASON Gazette Reporter Reach Gazette reporter Justin Mason at 395-3113 or jmason@dailygazette.net.
Restaurateur John Mallozzi was selected to represent Rotterdam on the Schenectady County Metroplex Development Authority’s Board of Trustees.
Great choices for the Metroplex board .... this assures that the great work done by Metroplex in the past 7 years will continue in the years ahead.
And DV has NEVER answered the question about what the “great work” done by Metroplex is, what is the “great work” Metroplex has done for the tax base in the city – he REFUSES to answer that, what is the “great work” Metroplex has done for home values in the city, for taxes in the city, for desirability of people to want to buy a home in and live in the city, etc. Absolutely no answers.
Maybe if he actually answered questions and engaged in intelligent conversation and provided evidence to support his statements, he could even be admired.
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
Wow. Mr. Mallozzi is about to receive nothing short of a Financial Colonoscophy to try to prove his innocence.....
Life is tough, but it's tougher when you're stupid - John Wayne
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i don't read any post that is saying they are guilty. everyone is 'just sayin'
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
bottom line ..... if the employees have enough evidence....mallozzi pays.
if they don't.....they may get counter sued.
although, these scum bag attorneys wouldn't take a case they didn't think they could make a chunk of change off of...cause i don't think these employees are 'wealthy'....imho
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Not just that, the numbers seem way off. Over a million in 104 weeks is the claim.
That's roughly $10,000/week in gratuities.
10,000 is 20% of $50,000.
It doesn't seem possible for Mallozzi's to bring in $50,000/week average for 2 full years.
If he's taking in $50,000/week and stealing $10,000 a week from the staff, he really doesn't need a tax exemption for Johnny's restaurant.
If he is violating the law, he should get jail time for stealing a million dollars.
I was thinking that it seemed like a lot also but if you consider that they have a few different places...you figure a few weddings at each place every weekend and those numbers could add up real quick. Thousands of dollars per wedding multiples by several rooms at several locations....it may not be as far fetched as it seems at first glance.
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