On November 5, 2015, Fitapelli & Schaffer, LLP and Pechman Law Group, PLLC\u00a0 filed a class action lawsuit in the United States District Court for the Southern District of New York against Oaxaca restaurants in New York City.\u00a0 The lawsuit is filed on behalf of all servers, cooks, kitchen assistants, counterpersons, delivery persons, and other Restaurant Workers (collectively, “Restaurant Workers”) who work or have worked at Oaxaca Taqueria located at the Upper West Side (“Oaxaca Amsterdam”) located at 424 Amsterdam Avenue, New York, New York 10024; Bed Stuy (“Oaxaca Bedford”) located at 1116 Bedford Avenue, Brooklyn, New York 11216; Park Slope (“Oaxaca Fourth”) located at 250 4th Avenue, Brooklyn, New York 11215; West Village (“Oaxaca Greenwich”) located at 48 Greenwich Avenue, New York, New York 10011; Stuyvesant Heights (“Oaxaca Halsey”) located at 478 Halsey Street, Brooklyn, New York 11233; Hells Kitchen (“Oaxaca Hells Kitchen”) located at 405 West 44th Street, New York, New York 10036; Boreum Hill (“Oaxaca Hoyt”) located at 75 A\/B Hoyt Street, Brooklyn, New York 11201; Murray Hill (“Oaxaca Murray Hill”) located at 152 East 33rd Street, New York, New York 10016; Navy Yard (“Oaxaca Navy Yard”) located at 10 Clermont Avenue, Brooklyn, New York 11205; and Williamsburg (“Oaxaca Williamsburg”) located at 130 Grand Street, Brooklyn, New York 11249.<\/p>\n
The lawsuit alleges that the owners and operators Oaxaca Taqueria have instituted widespread practices and policies that violate their Restaurant Workers’ rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The lawsuit alleges that Oaxaca Taqueria failed to pay Restaurant Workers the proper minimum wage. Specifically, Defendants paid Restaurant Workers a fixed weekly salary, regardless of the amount of time actually worked. Additionally, the lawsuit alleges that Defendants failed to compensate its Restaurant Workers at a time-and-one-half rate for all hours worked in excess of 40 per workweek, as required under the FLSA and the NYLL. Further, the lawsuit alleges that Defendants failed to provide spread-of-hours pay to their employees. Employees who work over 10 hours in a single day, including working time plus time off for meals plus intervals off duty, are required by law to receive an additional hours pay from their employer. Finally, the lawsuit alleges that the owners and operators of Oaxaca Taqueria violated the NYLL by failing to provide Restaurant Workers with proper wage notices and wage statements.<\/p>\n