On November 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of Souen Soho, Souen Noodle, and Souen 13 (the “Souen Restaurants”) on behalf of all food preparers, salad preparers, dishwashers, pantry workers, food packagers, servers, bussers, delivery persons, and other “Non-Exempt workers” who have worked at these restaurants.
The lawsuit alleges that the owners of these restaurants have instituted widespread unlawful policies which burden the rights of their employees and violate the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The lawsuit claims that Defendants paid their employees a weekly sum well below minimum wage, while failing to lawfully utilize the “tip credit” provision. Specifically, the Plaintiff class alleges that Defendants failed to properly notify their employees of the “tip credit” provision of the NYLL and the FLSA, or of their intent to apply a tip credit to their wages. Further, the Plaintiff class alleges that Defendants unlawfully handled, pooled, accepted, and distributed their tips to other non-tipped positions such as cashiers.
The lawsuit 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. Allegedly, employees at the Souen Restaurants often worked upwards of 90 hours per workweek without receiving any overtime compensation. Additionally, the Plaintiff class believes that they were not properly compensated for all of the hours that they have worked. The Plaintiff class alleges that they had 30 minute lunch breaks deducted from each shift, regardless of whether or not they were actually allowed to take said breaks. Further complicating this issue is the purported failure of Defendants to implement an accurate time recording system.
The lawsuit also alleges 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 the NYLL through their failure to provide their employees with proper wage notices and statements.
We are seeking to represent all food preparers, salad preparers, dishwashers, pantry workers, food packagers, servers, bussers, delivery persons, and other “Non-Exempt 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 our website at www.fslawfirm.com.