PHILADELPHIA — A Philadelphia man has filed a class action lawsuit against his former employer, a restaurant operator, citing alleged unpaid wages and violations of applicable minimum wage law, state law and Workers' Compensation acts.
Joseph Fiumano filed a complaint on Feb. 1, in the U.S. District Court for the Eastern District of Pennsylvania against Metro Diner Management LLC, Metro Services LLC, Consul Hospitality Group LLC, John Davoli Sr., John Davoli Jr. and Mark Davoli, alleging that they failed to pay proper compensation to the plaintiff.
According to the complaint, the plaintiff, a server, alleges that he suffered damages from performing his non-tipped work without being paid proper minimum wages. He holds the defendants responsible because they allegedly required their employees to participate in a tip pool using their own wages.
The plaintiff requests a trial by jury and seeks pay all overtime wages owed, compensatory damages, liquidated damages, interest, court costs and any further relief this court grants. He is represented by David J. Cohen of Stephen Zouras LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:17-cv-00465-AB