Fitapelli & Schaffer, LLP filed a class action lawsuit on August 28, 2015 in the United States District Court for the Southern District of New York against Koi Group Inc., Koi NY LLC d/b/a Koi Restaurant; and Koi NY Downtown LLC d/b/a Koi SoHo, (collectively, “Defendants”) who own and/or operate Koi Restaurant located 40 West 40th Street, New York, New York 10018, and Koi SoHo located at 246 Spring Street, New York, New York 10013. The lawsuit claims that Defendants failed to pay its Tipped Employees the appropriate minimum wage 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 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 Koi in New York City in the last six years.
The lawsuit alleges that Defendants failed to compensate its Tipped Employees the full minimum wage (currently $8.75 per hour in NY), as required under the FLSA and the NYLL. The lawsuit argues that the Defendants did not inform Tipped Employees of the tipped minimum wage or tip credit provisions of the NYLL, therefore entitling them to the full minimum wage rate, rather than the tipped minimum wage rate (currently $5.00 per hour in NY). The lawsuit also alleges that Defendants required Tipped Employees to perform significant amounts of non-tipped “side work”, in excess of twenty percent of their time at work. During these periods, Defendants compensated them at the tipped minimum wage rate rather than the full minimum wage rate as required under law. The lawsuit further alleges Defendants required Tipped Employees to share their hard earned tips with non-tipped employees, such as sushi chefs, who otherwise are not entitled to tips under the FLSA or the NYLL. Also, this lawsuit seeks statutory damages for failing to provide accurate wage notices and wage statements.
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Current and former Tipped Employees at Koi in New York City 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 click here to view the complaint.
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.