SERENDIPITY 3

Fitapelli & Schaffer has filed a lawsuit against Serendipity 3’s two restaurants located in Time Square and East 60th Street in New York City. The class and collective lawsuit alleges unpaid wages under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, the lawsuit seeks to recover minimum wages, overtime wages, uniform maintenance pay, uniform reimbursement, and other damages for similarly situated workers. Affected employees include servers, runners, bussers, bartenders, barbacks (collectively, “Tipped Workers”) who work or have worked at 225 E 60th Street, New York, NY 10022 and 157 W 47th Street, New York, NY 10036 (together the “Restaurants”). The lawsuit alleges that the Restaurants paid Tipped Workers at or below the “tipped” minimum wage rate because the Restaurants failed to provide proper notification of the tipped minimum wage rate or tip credit provisions as required by the FLSA and NYLL. Tipped Workers were also required to perform side work at the start of each shift and end of each shift, when the Restaurants are closed to the public, and also during service. As some of these duties are not related to Plaintiff’s duties as Tipped Workers, Plaintiff and similarly situated Tipped Workers are engaged in dual occupations for which they are entitled to the full minimum wage. Tipped Workers are also required to wear a uniform with the Restaurants’ logo. However, Defendants did not reimburse Tipped Workers for the costs of the uniform or provide any uniform maintenance pay. Finally, Defendants failed to provide its Tipped Workers with proper annual wage notices as well as accurate weekly wage statements with each payment of wages mandated by the NYLL. 

If you, or anyone you know, has worked for one of Serendipity 3’s Restaurants and has questions about how this lawsuit may affect their rights, do not hesitate to give us a call at (212)300-0375. You can also view the filed complaint here. As a Tipped Worker, it is important to know if you are being paid correctly or may be owed pay. Call us for a free phone consultation at (212)300-0375 and ensure you aren’t leaving any of your hard earned wages on the table.