Fitapelli & Schaffer, LLP has filed a class and collective action lawsuit against Sushi Seki, a high-end NYC sushi restaurant with three locations, alleging wage and hour violations under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The lawsuit seeks to recover unpaid minimum wages, overtime compensation, misappropriated tips, call-in pay, and other damages for current and former tipped employees, such as servers, bartenders, bussers, and food runners.
Among other claims, the lawsuit alleges that Sushi Seki required tipped employees to share a portion of their tips with tip-ineligible positions, such as sushi chefs and sushi chef helpers, service & beverage directors and sommeliers, and expeditors. The lawsuit also alleges that Sushi Seki did not provide proper written notification of the tipped minimum wage rate or tip credit provisions of the NYLL. Additionally, Sushi Seki required that its tipped employees spend more than 20% and/or 2 hours of their shift performing “side work,” such as cleaning the restaurant, rolling napkins, restocking the restaurant, and attending pre-shift meetings.
Unfortunately for restaurant workers these violations are not uncommon in the industry. If you’ve worked at any of the Sushi Seki locations in NYC and would like more information regarding the case please give us a call at (212) 300-0375. Additionally, if you’ve worked at another restaurant and have experienced similar issues, calling an employment attorney may help you figure out if you have a claim. Fitapelli & Schaffer, LLP offers a free phone consultation to discuss your situation. We can be reached at (212) 300-0375 or by visit our website here.
You may view a copy of the complaint here.