Spread of Hours

Souen Restaurant Lawsuit

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.

Mexican Radio Lawsuit

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 Mexican Radio Corp., the owners of the “Mexican Radio” restaurants located at 19 Cleveland Place, New York, NY 10012 and 537 Warren Street, Hudson, NY 12543 (collectively, the “Mexican Radio Restaurants”), on behalf of all servers, bartenders, runners, supervisors, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges that the Mexican Radio Restaurants paid its employees a set shift pay independent of the amount of hours they actually worked. Consequently, due to the static nature of this shift pay system, Plaintiffs argue they were never paid an overtime premium for hours worked in excess of 40 per workweek, in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The FLSA and the NYLL specifically demands that non-exempt employees, such as those who fall within the Plaintiff class here, be paid time-and-a-half for all hours worked in excess of 40 per workweek.

The lawsuit also alleges that the owners of these restaurants failed to pay employees at or above the minimum wage rate for these shifts, in violation of the FLSA and the NYLL. The lawsuit further alleges that Defendants have not satisfied the requirements necessary in order to lawfully pay employees a reduced wage through use of a “tip credit”. Specifically, the lawsuit claims that the Mexican Radio Restaurants never provided the proper notification required by the FLSA or the NYLL for use of a “tip credit”. Without use of a “tip credit”, all employers are required to pay their employees $7.25 per hour under the FLSA, and $8.00 per hour under the NYLL if the employment is in New York.

The lawsuit 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. This is the case regardless of whether an employee is paid shift pay or paid hourly. 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.

We are seeking to represent all servers, bartenders, runners, supervisors, and other “tipped workers” who work or have worked at the Mexican Radio Restaurants. 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.

Click here to read the complaint: Scanned Complaint

Jacques NYC Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on August 22, 2014, in the United States District Court for the Southern District of New York against Jacques Restaurant Group on behalf of all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks (“Restaurant Workers”) who work or have worked at Jacques Brasserie located at 204 East 85th Street, New York, New York, Jacques 1534 located at 20 Prince Street, New York, New York, or The Pitch & Fork located at 1606 1st Avenue, New York, New York.  The lawsuit alleges that the Restaurant Workers were not paid the proper minimum wages, overtime pay, and spread-of-hours pay as required under the Fair Labor Standards Act and the New York Labor Law.  Additionally, the lawsuit seeks to recover damages related to misappropriated gratuities, failure to provide annual wage notices, and failure to provide accurate wage statements.

We are seeking to represent all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks who work or have worked for any Jacques Restaurant Group location within the past six years.  Eligible employees should call us to join the case.  For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375

Cafe Espanol Lawsuit

On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”).  The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time and one half their regular hourly wage rate as required under the Fair Labor Standards Act and the New York Labor Law.  The lawsuit is seeking unpaid overtime pay, spread-of-hours pay, and statutory penalties under the New York Labor Law.

We are seeking to represent all cooks, food preparers, dishwashers, and kitchen helpers employed at Café Español from August 2008 to present.  Eligible employees should call us to join the case.  For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375.