Mario Batali, Joseph Bastianisch, Babbo Ristorante e Enoteca, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto Enoteca Pizzeria, and Tarry Lodge – Tip Misappropriation, Minimum Wage, Overtime, Spread of Hours

On July 29, 2010, Outten & Golden LLP and their co-counsel, Joseph, Herzfeld, Hester & Kirschenbaum, filed an amended class and collective action complaint against Mario Batali and Joseph Bastianich.  Mr. Batali and Mr. Bastianich own a restaurant empire that includes Babbo Ristorante e Enoteca, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto Enoteca Pizzeria, and Tarry Lodge.  The lawsuit seeks to recover minimum wages, overtime, misappropriated tips, and spread-of-hours pay for Plaintiffs and their similarly situated co-workers – hourly food service workers who work or worked at the critically acclaimed New York restaurants owned by Mr. Batali and Mr. Bastianich.  

The amended complaint alleges, among other things, that Mr. Batali, Mr. Bastianich, and their restaurants unlawfully confiscated a portion of their workers’ tips in order to supplement their own profits.  Specifically, it alleges, at the end of every shift, instead of distributing customers’ credit card tips to the workers who earned them as the law requires, Mr. Batali, Mr. Bastianich, and their restaurants took from the tip pool an amount equal to approximately 4% or 4.5% of the restaurants’ wine sales (and sometimes other beverage sales) for the night and put it in their own pockets.  

To read the amended complaint, click here.

CASE UPDATE

On May 9, 2011, the judge overseeing the case, known as Capsolas v. Pasta Resources, No. 10 Civ. 5595, conditionally approved Plaintiffs to proceed as a collective under the Fair Labor Standards Act.  The judge authorized Plaintiffs to send notice about the case to other current and former workers at Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and Tarry Lodge, so that other workers may join the case.

To read the judge’s decision, click here.        

Please email Justin M. Swartz ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), Rachel Bien ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or Sonia Lin ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), or call (212) 245-1000 for more information. 

Outten & Golden LLP
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