NEW YORK, NY — A group of workers for a high-end New York City steak and chop house recently filed an unpaid overtime lawsuit against their employer over allegations that the company forced the group to perform non-tipped duties and did not pay overtime wages. The lawsuit names head chef and owner of Beatrice Inn as defendants and hopes to gain certification to allow other similarly situated workers to join the claim and recover their own back pay and damages for the alleged wage theft.
According to the unpaid overtime lawsuit, filed in Manhattan Supreme Court, the named plaintiff routinely worked 40 to 60 hours per week but did not receive any overtime pay. Instead, he claims his employer paid him only his regular hourly rate for all his hours on the job, a violation of New York and federal labor and wages laws, if true. The lawsuit currently represents two other former workers but could include up to 50 more current and former workers if a judge allows it.
Furthermore, the unpaid overtime class action lawsuit alleges that the bar staff was forced to pay tip outs from their earnings to supplement the wages of silverware polishers and even managers, and especially egregious violation of the Fair Labor Standards Act (FLSA). Under the FLSA, only workers who regularly interact with restaurant customers may earn tipped wages and be paid less than the national minimum wage like hourly workers.
While tip pools themselves are not illegal, they are meant to pay the wages of “front of the house” workers and not hourly wage earners. Additionally, managers must inform employees in writing of the intent to create such an arrangement, something the owners of Beatrice Inn allegedly did not do. The lawsuit seeks back pay with interest, damages equal to unpaid earnings, attorneys fees, and any other relief the court may see fit to award the plaintiffs and hold the defendant responsible for its alleged wage theft against the workers.
Restaurant Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.