Lynbrook pizzeria to pay over $178G in back pay, damages to employees

A Lynbrook pizzeria has been ordered to pay more than $178,000 in back wages, damages and civil penalties for failing to pay employees overtime following a federal investigation, according to the U.S. Labor Department.

Regina’s Pizzeria — also listed as Lynbrook Pizza & Pasta Inc. in court documents — and its owner Nunzio DiLorenzo, were ordered by the U.S. District Court for the Eastern District of New York to pay $84,160 in back wages, the same $84,160 amount in damages to impacted workers, and more than $9,600 in civil penalties due to "the violations’ willful nature," according to the Labor Department.

A total of 17 impacted employees are to be paid anywhere from $57 on the low end all the way up to $31,821, with most employees scheduled to receive hundreds or thousands of dollars each, according to court documents.

"This matter was settled with the Department of Labor rather than having protracted litigation," Jasmine Patel, an attorney representing Regina's said in an emailed statement regarding the order. "The clients have not admitted any fault. Our clients are in compliance with the wage and hour laws." An employee at the pizzeria said the owner, DiLorenzo, was not on site.

The court order follows an investigation conducted by the Long Island office of the Labor Department’s Wage and Hour Division, where the labor agency found that the pizzeria did not pay certain workers overtime and failed to keep accurate records of hours worked and pay rates.

Investigators found that from October 2016 to December 2018, kitchen, phone, and counter staff regularly worked more than 60 hours per week but were paid a fixed salary without overtime pay, depriving "employees of their lawfully earned wages," according to court documents.

Hour and pay records that were kept falsely showed that full-time employees all worked 11 hours a shift, every single shift, during the week or weekend, resulting in the same paycheck amounts every week, according to court filings.

"These records also underestimate the number of hours worked, failing to take into account work done before and after the restaurant was open, for example, and longer shifts on weekends," the Labor Department said in its legal complaint.

In addition to fines, the business is required to notify affected employees about the court order and their rights under the Fair Labor Standards Act.

"Too often, employers fail to pay proper overtime to workers and attempt to obscure their actions with incomplete and inadequate records," David An, Wage and Hour District Director in Westbury said in a statement.

"Other employers should view this investigation’s outcome as a reason to review their own pay practices and avoid the costly consequences of disregard for the law," he said.