216-b notice (final 11-9-11)


Fitapelli & Schaffer is pleased to announce that Judge Colleen McMahon of the United States District Court, Southern District of New York has approved a collective action notice which will be sent to all tipped employees who worked for the two Flute Bars in New York City during the past three years.  If someone fills out and sends back the form, they will become a plaintiff in the case and will be eligible to share in any settlement, which may include double damages.  We assert that Flute failed to pay full minimum wage ($7.25), overtime ($10.87) if an employee worked over 40 hours per week and distributed tips to non-tip eligible employees, such as managers and party planners.  These are frequent unpaid wage violate in the restaurant industry in New York City.