On Friday, September 25, 2015, Fitapelli & Schaffer, LLP along with Pechman Law Group PLLC filed a class action lawsuit in the United States District Court for the Southern District of New York against La Meridiana, Ltd., 1431 First Avenue Corp., La Meridiana I, Ltd., La Meridiana 2, Ltd., 658-660 Amsterdam Corp., 137 7th Avenue Corporation, R&G 86 LLC, Remo Biamonte, Renato Vilardo, and Rolando Biamonte (“Numero 28”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Employees” who work or have worked at any of the Numero 28 locations in New York City. The lawsuit alleges that the owners and operators of Numero 28 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 Numero 28 failed to pay Tipped Employees either any wages or the proper minimum wage rates to which they were entitled. Specifically, Numero 28 failed to pay their Tipped Employees any wages and/or failed to properly utilize the “tip credit” provision that allows them to pay an hourly rate below the regular minimum wage under the FLSA. In that regard, the lawsuit alleges that Numero 28 either provided their Tipped Employees with only the gratuities paid by the customers and/or failed to provide their Tipped Employees with the information required as per the FLSA in order to take advantage of the tip credit provision. The lawsuit additionally seeks to recover additional damages associated with spread-of-hours pay 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 Numero 28 within the past six years.
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 and other “Tipped Employees” who work or have worked at any of the Numero 28 locations. Anyone who works or has worked at any of the Numero 28 locations should contact us in order to discuss your potential rights under the FLSA and NYLL. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.
Anyone who has worked at any restaurant as a server or 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.
You can also view the complaint by clicking here.