Photo courtesy of shutterstockServers Allege NJ Restaurant Owners 'Taxed' Their Tip Money
The lawsuit alleges that the restaurant owners engaged in what the servers called a "tax," in which the owners took up to 4 percent of the servers' tips at the end of each shift.
August 14, 2018 at 05:00 PM
2 minute read
Former servers at a trio of southern New Jersey restaurants have filed a putative class action claiming that the owners illegally took a portion of their tips to pay for the owners' expenses.
Named as defendants are Octavio Coppola and Biagio Coppola, the owners of Tarantella Ristorante in Medford, Femmina Italian Grill in Medford, and Chianti Ristorante Italiano in Mullica Hill. The lawsuit was filed Monday in Camden County Superior Court on behalf of the three plaintiffs—Anthony Neidle, Alissa Ragona and Christian Hardman—by Joseph D'Aversa of DeNittis Osefchen Prince in Marlton.
The lawsuit, seeking certification of a class, alleges that the Coppolas engaged in what the servers called a “Coppola Tax,” in which the owners took up to 4 percent of the servers' tips at the end of each shift, in violation of the New Jersey Wage Payment Law.
“Servers in restaurants work very hard and, in many cases, for not much money,” D'Aversa Osefchen said in a statement. “They depend almost exclusively on tips to earn a decent living.”
Both Coppolas were unavailable for comment.
D'Aversa said the putative class could grow by 40 more current and former employees who were affected by the Coppola's alleged practices. He declined to comment further on the lawsuit.
The lawsuit alleges misappropriation, breach of good faith and fair dealing, and unjust enrichment. In addition to class certification, the plaintiffs are seeking restitution, an injunction, and counsel fees and costs.
“Defendants have pursued an unlawful, uniform policy of regularly and systematically taking and converting gratuities paid to the class and using them to pay the expenses and legal obligations of the defendants,” the complaint said.
“Plaintiffs and the class have endured significant economic damages,” the complaint added.
The lawsuit alleges that the practice of taking servers' tips has gone on for at least six years.
Neidle, the lawsuit said, worked at Tarantella from December 2014 to January 2018. Ragona worked at Tarantella from November 2008 to April 2017. Hardman worked at Femmina from 2011 to 2012 and at Tarantella from 2015 to 2018.
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