EMPLOYMENT LITIGATION

CASE: SUSHI SAMBA

Issues: Minimum wage; Misappropriated gratuities

Summary:

Fitapelli & Schaffer, LLP filed a class action lawsuit on May 13, 2015 against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, "Defendants") who own and/or operate the Sushi Samba restaurants in New York City. The lawsuit claims that Defendants failed to pay its Tipped Employees the appropriate minimum wage as required by the Fair Labor Standards Act (the "FLSA") and the New York Labor Law (the "NYLL") and seeks damages for misappropriated gratuities and other statutory penalties under the NYLL.

Affected employees include any servers, bussers, runners, bartenders, and other "Tipped Employees" who presently work or have worked for the Sushi Samba restaurants located at 87 7th Avenue South, New York, New York 10014 and 245 Park Avenue South, New York, New York 10003 within the last six years.

Plaintiff alleges that he and other Tipped Employees are owed the full minimum wage rate (currently $8.75 in NY) as opposed to the tipped minimum wage rate (currently $5.00 in NY) because Defendants did not inform them of the tipped credit as required by the FLSA or the NYLL. Plaintiff also alleges that Defendants required Tipped Employees to share their hard earned tips with non-tipped employees, such as sushi chefs, who otherwise are not entitled to tips under the FLSA or the NYLL. In addition, Plaintiff alleges that Defendants did not provide its Tipped Employees the full amount of any automatically applied "service charges" when working private functions. The lawsuit seeks to recover the difference between the tipped minimum wage rate and the full minimum wage rate, the amount of tips that were distributed to non-tipped employees, and the amount of tips Defendants misappropriated from service charges. Last, the lawsuit seeks to recover all NYLL statutory damages for failure to provide accurate wage statements, wage notices, and failure to maintain accurate records of wages, tips earned, and hours worked by its employees.

Contact Fitapelli & Schaffer, LLP.

Current and former Tipped Employees of Sushi Samba restaurants should contact Fitapelli & Schaffer at (212) 300-0375 to see if you are eligible to join the case. While the lawsuit currently only involves current or former New York employees, any individuals who work or have worked at Sushi Samba's other United States locations in Miami Beach, Florida, Coral Gables, Florida, or Las Vegas, Nevada may also have claims for their owed minimum wage and should contact our office for a free consultation.

You can also view the complaint by clicking 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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