In what has become a seemingly weekly occurrence, another New York City restaurant has been accused of wage and hour violations, as well as allegations of tip misappropriation.
The lawsuit, filed in Federal Court, Southern District of New York, alleges that the restaurant failed to pay proper overtime to it’s employees throughout the chains New York City locations. The lawsuit alleges that the chain violated a rarely used provision of wage and hour law, called the “spread of hours” pay, which requires tipped employees to receive at least one hour at full minimum wage for all hours worked over ten hours in a given day.
The lawsuit could have a potentially huge impact on both the chain, which operates eight locations in the New York City area and is currently expanding, as well as raising awareness of this law for tipped employees across the state.
The suit, if given class action status, could swell with numerous current and past employees being eligible to be class members.
Check out our site for more information on wage and hour laws, and find out if your employer is in compliance with the State and Federal guidelines for overtime and pay: FLSA/Wage and Hour Cases.