EMPLOYMENT LITIGATION

CASE: ROSA MEXICANO

ISSUES: Minimum Wage, Overtime Compensation, Tip Misappropriation, Call-in Pay

Summary:

On Friday, July 8, 2016, Fitapelli & Schaffer LLP filed a class action wage lawsuit against Rosa Mexicano, a chain of upscale Mexican restaurants boasting a Michelin rating with 14 locations nationwide. This lawsuit seeks to recover minimum wages, overtime pay, call-in pay, and other wages for Plaintiffs and their similarly situated co-workers – servers, bussers, bartenders, food runners, barbacks and other “tipped workers” – who work or have worked at Rosa Mexicano restaurants nationwide with the exception of Rosa Mexicano restaurants located in California and Minnesota. The lawsuit alleges that the affected Rosa Mexicano employees were wrongfully denied their lawfully earned wages under the Fair Labor Standards Act (FLSA), the New York Labor Law (NYLL) and the Massachusetts Wage Law.

The lawsuit specifically alleges that Rosa Mexicano willfully failed and refused to pay its tipped workers the required minimum and overtime wages for all hours worked. Additionally, some of the alleged violations outlined in the lawsuit was they also failed to properly distribute tips. Tipped workers at the affected Rosa Mexicano locations were asked to share tips with ineligible workers called “floaters”. These floaters are responsible for restaurant upkeep and complete activities such as polishing silverware, polishing plate and glass ware, rolling silverware, cleaning the dishwasher area, cleaning dirty dish service stations, cleaning the bathrooms, cleaning cabinets, vacuuming the floors, cleaning the restaurant’s office, throwing out the garbage, and taking dirty linens to the restaurants’ laundry room. Floaters have virtually no customer interaction and as a result, the lawsuit alleges that they are not entitled to share tips under the FLSA, NYLL, or the MA Wage Laws. Other violations included failing to properly provide call-in pay, failing to provide proper wage notices, and failing to provide accurate wage statements.

The goal of the named plaintiffs in this matter is to bring this lawsuit as a class meaning that they argue that Rosa Mexicano instituted corporate-wide policies and practices that affected all employees similarly, and that the company benefited from the same type of unfair and/or wrongful acts as to each affected individual. Such a class action treatment will allow a large number of affected employees take legal action in a single forum simultaneously and efficiently.

If you or anyone you know is a current or former server, busser, bartender, food runner, barback or other “tipped worker” with Rosa Mexicano, please contact the employment lawyers at Fitapelli & Schaffer, LLP to schedule a free consultation and to see if you are eligible to join this wage lawsuit. We are strongly committed to protecting the rights of hard working employees. You can contact us by calling (212) 300-0375 or by visiting our website at www.fslawfirm.com. You can also view the complaint here.

RECORD SETTING AWARDS AND SETTLEMENTS

FOR OUR CLIENTS


$19,100,000

$19.1 Million for Tipped Restaurant Workers. (pending court approval)

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.

$15,900,000

$15.9 Million for Personal Bankers.

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.

$14,500,000

$14.5 Million for Spam Text Victims

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.

$7,000,000

$7.0 Million for Bank Loan Officers

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.

$5,900,000

$5.9 Million for Commissioned Car Salesmen.

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.

$4,300,000

$4.3 Million for Personal Bankers

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.

$4,300,000

$4.3 Million for Entertainers at Gentleman’s Clubs

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.

$3,600,000

$3.6 Million for Tipped Employees at Upscale Restaurant

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.

$3,400,000

$3.4 Million for Assistant Managers at Bank

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.

$3,000,000

$3.0 Million for Bank Loan Officers

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.

$2,836,000

$2.9 Million for Tipped Restaurant Employees.

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.

$2,250,000

$2.25 Million for Tipped Workers at Chain Sports Bar

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.

$2,000,000

$2.0 Million for Bank Loan Officers

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.

$1,950,000

$1.95 Million for Health Care Workers

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.

CONTACT

FITAPELLI & SCHAFFER LLP


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