On July, 22 2015, Fitapellli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Artisanal Fromagerie & Bistro, LLC (“Artisanal”), Vincent S. Bonfittodrory a/k/a “Sarid Drory,” and Terrance Brennan. The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Artisanal, located at 2 Park Avenue South, New York, New York 10016.
The lawsuit alleges that the owners and operators of Artisanal have instituted widespread practices and policies that violate their Tipped Employees’ rights under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). The lawsuit alleges that Defendants failed to compensate its Tipped Employees at a time-and-a-half rate for all hours worked in excess of 40 per workweek, as required under the FLSA and the NYLL. The lawsuit alleges that Defendants failed to pay Tipped Employees the minimum hourly wages to which they were entitled. Specifically, Defendants failed to properly utilize the “tip credit” provision that allows them to pay an hourly rate below the regular minimum wage (currently $8.75 in New York). The lawsuit claims that Defendants required Tipped Employees to share a portion of their tips with “non-tipped” employees such as fromagers. This is important because an employer cannot take advantage of the tip credit provision of the FLSA and the NYLL, which allows them to pay a lower hourly rate, while at the same time requiring these employees to share their hard earned tips with other employees who are not entitled to tips. Additionally, the lawsuit alleges that defendants failed to pay Tipped Employees agreed upon wages, often failing to pay Tipped Employees up to three weeks in a row, though Defendants are required under the NYLL to pay Tipped Employees no less frequently than semi-monthly. The lawsuit alleges Defendants made unlawful deductions from Tipped Employees’ wages in violation of the NYLL, and Defendants also required Tipped Employees to wear uniforms and forced employees to bear the costs cleaning those uniforms. Finally, the lawsuit alleges that the owners and operators of Artisanal further violated the NYLL by failing to provide its employees with proper wage notices and wage statements.
The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working employees. We are seeking to represent all servers, bussers, runners, bartenders, and other “Tipped Employees” who work or have worked at Artisanal. Anyone who works or has worked at Artisanal should contact us in order to discuss your potential rights under the FLSA. For additional information, please call the NYC employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.