On January 9, 2018, Fitapelli & Schaffer, LLP filed a class action lawsuit against Butcher’s Block Hospitality, LLC and Angela Mar, owners of the Beatrice Inn restaurant for a failure to pay its tipped workers minimum wages, overtime compensation, misappropriated tips, and other damages. Affected employees include tipped workers such as captains, bartenders, barbacks, and other similarly situated non-managerial employees who completed work at the Beatrice Inn located at 285 W 12th Street, New York, NY 10014.
The lawsuit claims that the Beatrice Inn paid its tipped workers a reduced minimum wage rate which violated the New York Labor Law’s (“NYLL”) strict requirements. In that regard, the Beatrice Inn failed to provide proper written notice of the tip credit minimum wage. Additionally, the Beatrice Inn unlawfully misappropriated tipped workers’ tips to employees who were not entitled to receive them including, but not limited to, Bar Managers and Silverware Polishers. Tipped workers were also required to complete cleaning and preparatory responsibilities known as side work for more than 2 hours and/or 20% of their shift. Most of this side work was required to be completed while the restaurant was closed, before opening hours and after customers had left. As some of the side work duties tipped workers were required to perform are not related to the tipped profession and do not produce tips, tipped workers are entitled to receive the full minimum wage.
Due to these potential violations of the NYLL, tipped workers may be entitled to recover their owed hard earned wages as well as liquidated damages, reasonable attorneys’ fees, costs, and pre-judgment and post-judgment interest. If you have worked for the Beatrice Inn as a captain, bartender, barback, or other non-managerial employee, you may have a claim. Call (212) 300-0375 for a free phone consultation or read the complaint here for more information.