Fitapelli & Schaffer, LLP filed a class action lawsuit on July 22, 2015 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 (collectively, “Defendants”) who own and/or operate Artisanal located at 2 Park Avenue South, New York, New York 10005. The lawsuit claims that Defendants failed to pay its Tipped Employees the appropriate minimum wage and overtime pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The lawsuit additionally seeks to recover additional damages associated with misappropriated gratuities, failure to pay agreed upon wages, unlawful deductions, uniform related expenses, and additional statutory penalties under the NYLL.
Affected employees include any servers, bussers, runners, bartenders and other similarly situated Tipped Employees who work or have worked at Artisanal within the last six years.
The lawsuit alleges that Defendants failed to compensate its Tipped Employees at full minimum wage (currently $8.75 per hour) and a time and one half rate for all hours worked in excess of 40 per workweek, as required under the FLSA and the NYLL. Plaintiffs also allege that Defendants required Tipped Employees to share their hard earned tips with non-tipped employees, such as fromagers, who otherwise are not entitled to tips under the FLSA or the NYLL. Also, 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. Additionally, Tipped Employees were required to wear a uniform. However, Defendants failed to reimburse Tipped Employees for the costs related to maintaining the uniform, and failed to pay Tipped Employees the required weekly uniform-maintenance amount in addition to the required minimum wage. Finally, Defendants made unlawful deductions from Tipped Employees’ wages, including, but not limited to, deductions for customer complaints. Also, this lawsuit seeks statutory damages for failing to provide accurate wage notices and wage statements.
Current and former Tipped Employees at Artisanal should contact us to see if you are eligible to join the case. Please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com. You can also view the complaint here.
Additionally, anyone who has worked at any restaurant as a server, busser, runner, bartender, or other tipped position may have a wage claim under the FLSA and/or the NYLL. Please contact Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com to discuss your rights.