Batali and Bastianich Settle Wage Claims for $5.25 Million

Restaurateurs Mario Batali and Joseph Bastianich have apparently agreed to settle for $5.25 million wage-related claims in a class action filed by waitstaff at their New York City restaurants including Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and Tarry Lodge. Capsolas v. Pasta Resources Inc., No. 10-5595 (S.D.N.Y., motion for preliminary approval of settlement filed March 5, 2012). Additional information about the suit appears in Issue 361 of this Update.

If approved, the settlement would cover attorney’s fees (one-third of the total) and costs, class members’ awards, service payments to the named plaintiffs, and the claim administrator’s fees. The class, consisting of captains, servers, waiters, bussers, runners, back waiters, bartenders, and/or barbacks, will receive a proportional share of the settlement fund “based on the number of hours they worked, the Restaurant at which they worked, the percentage of total tips received during their employment, and whether they opted in to the collective.”