On January 9, 2018, Fitapelli & Schaffer, LLP filed a class action lawsuit against Butcher’s Block Hospitality, LLC and Angela Mar, owners of the Beatrice Inn restaurant for a failure to pay its tipped workers minimum wages, overtime compensation, misappropriated tips, and other damages. Affected employees include tipped workers such as captains, bartenders, barbacks, and other similarly situated non-managerial employees who completed work at the Beatrice Inn located at 285 W 12th Street, New York, NY 10014.
The lawsuit claims that the Beatrice Inn paid its tipped workers a reduced minimum wage rate which violated the New York Labor Law’s (“NYLL”) strict requirements. In that regard, the Beatrice Inn failed to provide proper written notice of the tip credit minimum wage. Additionally, the Beatrice Inn unlawfully misappropriated tipped workers’ tips to employees who were not entitled to receive them including, but not limited to, Bar Managers and Silverware Polishers. Tipped workers were also required to complete cleaning and preparatory responsibilities known as side work for more than 2 hours and/or 20% of their shift. Most of this side work was required to be completed while the restaurant was closed, before opening hours and after customers had left. As some of the side work duties tipped workers were required to perform are not related to the tipped profession and do not produce tips, tipped workers are entitled to receive the full minimum wage.
Due to these potential violations of the NYLL, tipped workers may be entitled to recover their owed hard earned wages as well as liquidated damages, reasonable attorneys’ fees, costs, and pre-judgment and post-judgment interest. If you have worked for the Beatrice Inn as a captain, bartender, barback, or other non-managerial employee, you may have a claim. Call (212) 300-0375 for a free phone consultation or read the complaint here for more information.
Workers such as servers, bussers, runners bartenders, barbacks and other tipped workers at a large national casual dining chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime, spread-of hours, misappropriated tips, uniform-related expenses and unlawful deductions.
The firm was able to recover overtime compensation for personal bankers and others similarly situated at a national bank that operates hundreds of branches throughout the United States. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales quotas but were not compensated overtime for their pay.
Fitapelli & Schaffer was able to recover damages for recipients of unwanted promotional text messages from a popular young adult clothing retailer. The clothing company allegedly violated the Telephone Consumer Protection Act by sending text messages to recipients’ cellular phones without their prior express written consent.
The firm was able to recover overtime compensation for loan officers at a national bank that operates more than hundreds of branches nationwide. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales goals but were not compensated overtime for their pay.
One of the largest auto dealerships in the NYC Metropolitan Area agreed to pay owed wages to its car salesmen. The company was accused of failing to pay salesmen the proper minimum wage, overtime pay, commissions, and made unlawful deductions from their earned wages in violation of federal labor laws.
Even though personal bankers at this nationwide bank were classified as exempt from receiving overtime pay, the company routinely required them to work in excess of 40 hours per week. There are federal laws that help protect workers from misclassification and in this situation; Fitapelli & Schaffer was able to recover unpaid overtime for personal bankers throughout the United States.
F&S represented entertainers at a popular gentleman’s club in New York City that claimed the club failed to pay them the proper wages. The entertainers were able to recover owed wages that included unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained tips, unlawful deductions, and uniform-related expenses.
Tipped workers alleged that a Mexican Michelin rated restaurant with 17 locations denied them overtime pay, minimum wages, and call-in pay. Our firm was able to recover wages for these tipped employees that included servers, bussers, bartenders, food runners and barbacks.
Fitapelli & Schaffer successfully recovered unpaid overtime for assistant managers on a salary at a bank with locations nationwide. The salaried workers argued that they were wrongfully classified as exempt from receiving overtime when working over 40 hours per week.
The fast food chain allegedly misclassified its assistant managers as salaried workers and considered them exempt from receiving overtime pay when working over 40 hours per week. Fitapelli & Schaffer was able to recover overtime compensation for all of the popular fast food chains’ assistant managers nationwide, with the exception of California.
Fitapelli & Schaffer was able to recover unpaid minimum wages, overtime, spread-of hours, and unlawful deductions for tipped restaurant workers at a popular dining chain. Affected workers included servers, bussers, runners bartenders, barbacks and other tipped workers.
proper minimum wage and overtime. Fitapelli & Schaffer helped the workers recover owed wages to the following positions: servers, bussers, bartenders, and other tipped workers under federal and state labor laws.
Fitapelli & Schaffer was able to successfully recover unpaid overtime for loan officers at a nationwide bank that operates over one thousand locations across the United States. Loan officers for the company alleged that even though they were hourly employees and consistently worked over 40 hours per week they were working off the clock and not getting overtime pay.
A New York based health insurance provider allegedly had its health care workers working over 40 hours per week but required they submit weekly timesheets that only showed they worked 37.5 hours. Fitapelli & Schaffer was able to successfully recover compensation for unpaid wages, overtime and spread of hours pay.
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