Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “SideBAR”, the Union Square location of “Little Town”, “Village Pourhouse”,“Hudson Terrace”, “Tres Carnes”, and “House of ‘Que” (the “Defendants”), on behalf of all servers, bussers, runners, bartenders, barbacks, and other “tipped workers” who have worked at either of these locations.
The lawsuit alleges that the owners of these restaurants have instituted widespread policies in violation of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“FLSA”). Specifically, the lawsuit claims that Defendants paid their employees a weekly sum well below minimum wage, while failing to lawfully utilize the “tip credit” provision because they required their tipped employees to spend well in excess of 20% of their time performing non-tipped duties such as rolling silverware, cleaning menus, wiping down tables and chairs, stocking napkins, and cleaning liquor bottles. Similarly, the lawsuit alleges that Defendants again failed to properly utilize the “tip credit” provision because they required employees to be engaged in a dual occupation, whereby they were forced to perform duties wholly unrelated to their tipped profession. The FLSA allows employers to utilize a “tip credit” when their employees are paid enough in tips to ensure that they are being compensated at a rate at least equal to minimum wage. However, the “tip credit” provision is not meant to let employers skirt minimum wage laws by forcing their employees to perform non-tipped work under the guise of “side work”, as the lawsuit alleges here. Therefore,
Defendants may owe current and former employees the difference between their wage rate and the lawful minimum wage rate for all hours previously worked.
The lawsuit further claims that Defendants failed to provide overtime wages for hours worked in excess of 40 per workweek. All employees that fall under the job titles included in this class action are required to be paid at a time-and-a-half rate for all hours worked in excess of 40 per workweek. The lawsuit also claims that Defendants failed to provide spread-of-hours pay to their employees. Employees who work over 10 hours in a single day, including working time plus time off for meals plus intervals off duty, are required by law to receive an additional hours pay from their employer. The lawsuit also alleges that the owners of these establishments further violated New York Labor Law through their failure to provide their employees with proper wage notices and statements. Finally, the lawsuit alleges that Defendants have a policy that requires employees to purchase and maintain various uniforms and outfits without reimbursement, in violation of NYLL.
We are seeking to represent all servers, bussers, runners, bartenders, barbacks, and other “tipped workers” who work or have worked for Defendants. Eligible employees should contact us in order to join the case. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit www.fslawfirm.com.
Stamped Complaint_Escaravage v LM Restaurant Group LLC et al_14-cv-9008 (RJS)