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 \u201cTolani\u201d, located at 410 Amsterdam Avenue, New York, NY 10024, on behalf of all bartenders, barbacks, servers, bussers, runners, line cooks, food preparers, dishwashers, and other \u201cNon-Exempt Workers\u201d who have worked there.<\/p>\n
The lawsuit alleges that the owners of this restaurant have instituted widespread policies in violation of the Fair Labor Standards Act and New York Labor Law. It claims that Tolani unlawfully paid employees below the full federal minimum wage rate for all hours worked, while failing to satisfy the requirements necessary in order to properly utilize a \u201ctip credit\u201d provision. Specifically, the lawsuit alleges that Tolani could not utilize a \u201ctip credit\u201d because it forced employees to perform a significant amount of non-tipped \u201cside work\u201d such as: stocking silverware and napkins; folding napkins; cutting fruit; making juices and mixes; restocking; cleaning tables; breaking down the restaurant; and cleaning and polishing tables, sections, the bar and stations. Additionally, Plaintiffs claim that they were forced to engage in \u201cdual-employment\u201d, whereby they were required to perform non-tipped duties unrelated to their tipped profession. A \u201ctip credit\u201d provision allows an employer to pay its employees a reduced wage for tipped duties, under the requirement that the reduced wage and tips combined equal the minimum wage rate. It does not apply to non-tipped work unrelated to tipped duties or to non-tipped \u201cside work\u201d that accounts for at least 20% of an employee\u2019s time. Therefore, Defendants may owe current and former employees the difference between their wage rate and the lawful minimum wage rate for all hours previously worked.<\/p>\n
The 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 charges the owners of \u201cTolani\u201d with unlawfully demanding or accepting gratuities received by \u201cNon-Exempt Workers\u201d or forcing \u201cNon-Exempt Workers\u201d to share their gratuities with employees other than waiters, servers, or busboys. The lawsuit also alleges that the owners of \u201cTolani\u201d violated New York Labor Law through their failure to provide their employees with spread-of-hours pay and proper wage notices and statements.
\nWe are seeking to represent all bartenders, barbacks, servers, bussers, runners, line cooks, food preparers, dishwashers, and other \u201cNon-Exempt Workers\u201d who work or have worked at \u201cTolani\u201d. 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 our website at www.fslawfirm.com.<\/p>\n