Nutley Restaurant Accused Of Wage Violations, Issued 'Stop Work' Order

NUTLEY, NJ — A restaurant in Nutley was issued a “stop work” order after it allegedly failed to pay more than $100,000 in fines, penalties and back wages to workers, state officials announced last week.

The New Jersey Department of Labor and Workforce Development (NJDOL) delivered a stop-work notice to Bella Luce Restaurant and Bar in Nutley on Sept. 21. The order is connected to a 2018 complaint that workers were not receiving appropriate credit card tips, authorities said.

The restaurant was also fined in a separate, recent case for allegedly paying workers below the minimum wage, as well as other violations, the NJDOL stated.

State officials released the following statement about the allegations against Bella Luce, which is owned by Joseph Capasso:

“After the 2018 complaint was filed with the NJDOL, the restaurant owner did not appear for an initial inspection, and was then issued a subpoena. Payroll records indicated workers were not paid minimum wage or overtime, and point of sale records proved workers were not given the tips owed to them. An NJDOL audit confirmed $95,653 was due in back wages to 19 workers. The company was cited for violations relating to records, minimum wage, overtime, hindering the investigation, and unpaid wages, and was fined $9,565 in fees and $5,000 in penalties. A judgement was entered and the collection process began in 2019, which the company failed to satisfy.”

NJDOL officials continued:

“An additional case against Bella Luce Restaurant and Bar was opened recently after a complaint was filed with the department alleging further wage violations. Records showed the employer did not maintain total daily and weekly hours, nor earned sick leave records, and payroll records verified that employees were not paid minimum wage. The investigation concluded that 14 employees are due a total of $15,557 in back wages. The employer was cited in this case for violations involving records, minimum wage, unpaid wages, and earned sick leave records, and fined $2,800 in fees and $16,500 in penalties.”

According to the NJDOL, “stop-work” orders are initiated to halt work being performed in a manner that allegedly exploits workers, or is otherwise noncompliant with state laws and regulations. An employer may appeal a stop-work order, in which case the NJDOL has seven days to schedule a hearing. The NJDOL continues to monitor locations where stop-work orders have been issued, and can assess civil penalties of $5,000 per day against an employer conducting business in violation of the order.

The stop-work order may be lifted if and when any remaining back wages and penalties have been paid and all related issues have been resolved, officials said.

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