Click Here to view the Complaint- Scanned Complaint_11 Civ. 9401 (PKC)

Fitapelli & Schaffer filed a class action lawsuit in the Southern District of New York, against Benjamin Steakhouse, an upscale steakhouse in Manhattan.  The restaurant is owned by Alban “Benjamin” Prelvukaj, a former employee of Peter Luger.  We allege that our client and similarly situated hourly, tipped employees, such as servers, bussers and bartenders were not paid full minimum wage and overtime for all the hours they worked.  Even though tipped employees clocked in and out for every shift, their paychecks grossly underestimated the hours they actually worked.  We also allege that tipped employees are entitled to full minimum wage, rather than the reduced minimum wage, because the tip pool included non-tip eligible employees, such as glass polishers and silver polishers.  If somebody worked for Benjamin Steakhouse within the past 6 years, they should contact Fitapelli & Schaffer to join the case.