A putative class and collective action lawsuit have been filed against Great Kills Marina Cafe in Staten Island on behalf of the waiters who worked there since December 15, 2011.
We assert the restaurant violated the Fair Labor Standards Act and New York Labor Law in numerous ways.
The Complaint asserts that the restaurant paid the waiters only for five hours per day, even when they worked ten-plus hours.
It further asserts the restaurant failed to pay them overtime premium pay for the weeks when they worked over forty hours.
It next asserts the restaurant paid them below the minimum wage because it was claiming the “tip credit” against the statutory minimum, but the restaurant did not remit 100% of the tips to the waiters.
The Complaint also asserts that the restaurant would deduct from the waiters’ pay if a customer refused to pay a bill or if the waiters broke a plate.
Finally, it alleges the restaurant failed to provide the waiters with statutorily required notices.
The Complaint accordingly asserts the following claims: unpaid minimum wage under the FLSA and Labor Law, off-the-clock work under the FLSA and Labor Law, unpaid overtime under the FLSA and Labor Law, unlawful tip retention under the Labor Law unlawful deductions under the Labor Law, and failure to provide required notices under the Labor Law.
The Court recently conditionally certified the collective action under the FLSA and authorized a notice to mailed to the putative collective action members, advising them about the case and their ability to join (i.e. “opt-in”) the case.
The lawsuit was filed in the U.S. District Court for the Eastern District of New York and is Case Number 1:17-cv-7323.
If you feel you may qualify for this class action lawsuit please contact Lipsky Lowe LLP at 212-518-1264.