A former restaurant worker has filed a lawsuit claiming that he and other employees were not paid proper wages or overtime by the operators of an Italian restaurant. The complaint alleges that the business misclassified workers, failed to pay required minimum wages, did not provide accurate records, and violated both federal and New York State labor laws.
The lawsuit was filed by Victor Manuel Colin Gonzalez on March 4, 2026 in the United States District Court for the Southern District of New York against Bella Napoli Pizza & Pasta Inc (doing business as Bella Napoli), Anau Bertin Herrera Carino, and Hamet Ashar.
According to the filing, Gonzalez worked at Bella Napoli from November 2023 until January 15, 2026. While he was officially employed as a delivery worker, the complaint states that he spent more than 20% of his workday performing non-tipped duties such as preparing food, dishwashing, cleaning the restaurant at closing time, carrying items from the basement to the restaurant, and refilling refrigerators. Despite these responsibilities, Gonzalez alleges that he was paid below both the required tip-credit rate and minimum wage rate.
The document asserts that throughout his employment Gonzalez regularly worked over 40 hours per week—often up to 60 hours—but was paid a fixed weekly salary in cash: $420 per week until December 2024 and $460 per week thereafter. The suit claims this pay structure resulted in an effective hourly rate below legal minimums. Additionally, it is alleged that Gonzalez was not compensated for extra time when asked to stay late or work longer days beyond his scheduled shifts.
The complaint outlines several specific grievances: failure to pay minimum wage; failure to pay overtime at one-and-a-half times regular rates for hours worked over forty per week; failure to provide spread-of-hours pay for days exceeding ten hours; lack of accurate wage statements; absence of required notices about pay rates in English or Spanish; improper deductions for equipment costs such as an electric bicycle and related maintenance; and failure to keep proper payroll records. It is also claimed that tips were neither properly accounted for nor used appropriately as offsets against wages.
Gonzalez alleges these practices were part of a broader policy affecting all similarly situated employees at Bella Napoli. He seeks certification of a collective action under the Fair Labor Standards Act (FLSA) so other current or former workers can join the case. The suit requests damages for unpaid wages, overtime compensation, liquidated damages equal to unpaid amounts under both FLSA and New York Labor Law (NYLL), statutory penalties for notice violations ($5,000 each for missing wage notice and statement), reimbursement for equipment costs incurred without compensation, pre-judgment and post-judgment interest, attorneys’ fees, costs associated with bringing the action, and any further relief deemed appropriate by the court.
The complaint also details allegations regarding how defendants operated their business. It claims individual defendants Anau Bertin Herrera Carino and Hamet Ashar exercised operational control over employment conditions—including hiring decisions, setting schedules, determining pay rates—and sometimes failed to observe corporate formalities intended to separate personal interests from those of the corporation.
Legal arguments cited include multiple causes of action: violation of FLSA minimum wage provisions (29 U.S.C. § 206(a)), FLSA overtime provisions (29 U.S.C. § 207(a)(1)), New York Minimum Wage Act (NYLL §652(1)), NYLL overtime provisions (§190 et seq.), spread-of-hours requirements under New York regulations (12 N.Y.C.R.R. §146-1.6), failure to provide required notices (§195(1)), failure to provide accurate wage statements (§195(3)), unlawful deduction or failure to reimburse equipment costs (29 C.F.R. §531.35; NYLL §§193 & 198-b).
Gonzalez is represented by Michael Faillace & Associates P.C., located at 60 East 42nd Street in New York City. The case is identified as Case No. 1:26-cv-01775.
Source: 126cv01775_Victor_Manuel_v_Bella_Napoli_Complaint_Southern_District_of_New_York .pdf
