On May 13, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, “Defendants”) who collectively own and operate the Sushi Samba restaurants in New York City, Miami Beach, Coral Gables, and Las Vegas. The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Employees” who work or have worked at the following locations:
- 87 7th Avenue South, New York, New York 10014
- 245 Park Avenue South, New York, New York 10003
Sushi Samba originated in New York City in 1999. Since then, it has expanded to Miami Beach, Florida; Coral Gables, Florida; Las Vegas, Nevada; and London, England. Along with Sushi Samba, the Defendants own and operate other high end restaurants, including Sugarcane Raw Bar and Grill in Miami and Duck & Waffle in London. In addition to its financial success, Sushi Samba has been critically acclaimed for its Asian-fusion cuisine.
The lawsuit alleges that the owners and operators of Sushi Samba have instituted widespread practices and policies that violate their Tipped Employees’ rights under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). The class action lawsuit alleges that Defendants failed to properly utilize the “tip credit” provision that allows them to pay an hourly rate below the regular minimum wage (currently $8.00 in New York). Specifically, the lawsuit claims that Defendants failed to properly notify their employees of the “tip credit” provision as required by the FLSA and the NYLL. Further, it alleges that Defendants required Tipped Employees to share a portion of their tips with “non-tipped” employees such as sushi chefs. This is important because an employer cannot take advantage of the tip credit provision of the FLSA and the NYLL, which allows them to pay a lower hourly rate, while at the same time requiring these employees to share their hard earned tips with other employees who are not entitled to tips. Last, it alleges that Defendants systematically withheld portions of automatically charged “service charges” applied to private functions that should have been distributed to only Tipped Employees.
We are seeking to represent all servers, bussers, runners, bartenders, and other “Tipped Employees” who work or have worked in Defendants’ New York locations. Additionally, anyone who works or has worked in any of Defendants’ Florida or Las Vegas locations should contact us in order to discuss your potential rights under the FLSA. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.