Former Waiter Alleges Wage Violations Against New York Restaurant

Moynihan Courthouse
Moynihan Courthouse
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A former employee has filed a lawsuit against a New York restaurant, alleging violations of labor laws and seeking compensation for unpaid wages. On December 5, 2025, Melchor Ferrer filed a complaint in the United States District Court for the Southern District of New York against Anthrob’s Restaurant Corp., doing business as Cafe Rigatta, and its principal Anthony Labriola.

Melchor Ferrer, who worked as a waiter at Cafe Rigatta from April to October 2025, claims that he was paid only in tips without receiving any direct hourly wages. According to the complaint, Ferrer was hired directly by Anthony Labriola, who set his work schedule and exercised disciplinary authority over him. The lawsuit alleges that Ferrer was paid $350 per week solely in tips, without any hourly wage compensation from the defendants. Under New York State law, employees are entitled to a minimum wage of $16.00 per hour; however, Ferrer asserts that he did not receive this amount. “Defendants willfully failed to pay the required wages,” states the complaint.

The lawsuit also highlights broader allegations of labor law violations affecting other employees at Cafe Rigatta. Ferrer claims that the defendants maintained a policy and practice of requiring employees to work without proper compensation as mandated by federal and state laws. Furthermore, the defendants allegedly failed to provide written notice of wage rates and did not maintain accurate records as required by law. This lack of transparency caused significant financial loss and confusion for Ferrer and other similarly situated employees.

Ferrer is seeking compensatory damages for unpaid minimum wages, liquidated damages under both federal and state laws, spread-of-hours pay, pre-judgment and post-judgment interest, attorneys’ fees, and costs. Additionally, he aims to certify a collective action on behalf of all similarly situated employees under 29 U.S.C. § 216(b). The complaint accuses the defendants of violating several provisions under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), including failure to provide accurate wage statements and notices as required by the Wage Theft Prevention Act.

The case is being handled by Lina Stillman of Stillman Legal P.C., representing Melchor Ferrer. The case is assigned Case ID 1:25-cv-10141 in front of an unnamed judge at this stage.

Source: 125cv10141_Melchor_Ferrer_v_Anthrobs_Restaurant_Complaint_Southern_District_of_New_York.pdf



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