Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of \u201cSideBAR\u201d, the Union Square location of \u201cLittle Town\u201d, “Village Pourhouse”,\u201cHudson Terrace\u201d, \u201cTres Carnes\u201d, and \u201cHouse of \u2018Que\u201d (the \u201cDefendants\u201d), on behalf of all servers, bussers, runners, bartenders, barbacks, and other \u201ctipped workers\u201d who have worked at either of these locations.<\/p>\n
The lawsuit alleges that the owners of these restaurants have instituted widespread policies in violation of the Fair Labor Standards Act (\u201cFLSA\u201d) and New York Labor Law (\u201cFLSA\u201d). Specifically, the lawsuit claims that Defendants paid their employees a weekly sum well below minimum wage, while failing to lawfully utilize the \u201ctip credit\u201d provision because they required their tipped employees to spend well in excess of 20% of their time performing non-tipped duties such as rolling silverware, cleaning menus, wiping down tables and chairs, stocking napkins, and cleaning liquor bottles. Similarly, the lawsuit alleges that Defendants again failed to properly utilize the \u201ctip credit\u201d provision because they required employees to be engaged in a dual occupation, whereby they were forced to perform duties wholly unrelated to their tipped profession. The FLSA allows employers to utilize a \u201ctip credit\u201d when their employees are paid enough in tips to ensure that they are being compensated at a rate at least equal to minimum wage. However, the \u201ctip credit\u201d provision is not meant to let employers skirt minimum wage laws by forcing their employees to perform non-tipped work under the guise of \u201cside work\u201d, as the lawsuit alleges here. Therefore,<\/p>\n
Defendants may owe current and former employees the difference between their wage rate and the lawful minimum wage rate for all hours previously worked.
\nThe lawsuit further claims that Defendants failed to provide overtime wages for hours worked in excess of 40 per workweek. All employees that fall under the job titles included in this class action are required to be paid at a time-and-a-half rate for all hours worked in excess of 40 per workweek. The lawsuit also claims 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. The lawsuit also alleges that the owners of these establishments further violated New York Labor Law through their failure to provide their employees with proper wage notices and statements. Finally, the lawsuit alleges that Defendants have a policy that requires employees to purchase and maintain various uniforms and outfits without reimbursement, in violation of NYLL.<\/p>\n
We are seeking to represent all servers, bussers, runners, bartenders, barbacks, and other \u201ctipped workers\u201d who work or have worked for Defendants. Eligible employees should contact us in order to join the case. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit www.fslawfirm.com.<\/p>\n