NEW YORK CITY — A former vacation inn worker at a popular New York tourist destination recently filed an unpaid overtime lawsuit in federal court against his old employer.
The plaintiff seeks class action status in his suit so that other may join in to collect their back wages. Sources estimate approximately 40 other current and former employees may be eligible to join the suit.
The 30-page complaint outlines several allegations including failure to pay minimum wage, unpaid overtime, improper tip withholdings, and failure to provide employees with invoices of hours worked and wages earned. The suit names Inn on the Lake as the defendant, along with parent companies including Seagate Hospitality Group LLC and Canandaigua Hotel Corp.
The Inn on the Lake is a luxury resort and conference center located in on Canandaigua Lake, between Rochester and Syracuse. In January 2015, another luxury resort, Bristol Harbor Resort was also hit with an unpaid overtime lawsuit.
FLSA Overtime Pay Laws
The Fair Labor Standards Act is a federal wage law that holds all hourly workers must be paid the federal minimum wage and one and a half times their regular hourly pay for time spent working above the overtime threshold of 40-hours. Furthermore, the Act requires employers keep track and provide employees a statement of their wages and hours worked.
Tipped employees like servers and bartenders must be paid at least $2.13 in addition to any tips given to them by the customers they serve. Tips are the sole property of the employee and may not be withheld by the employer under any circumstances if the employee is classified as a tipped employee.
Sometimes, restaurants and banquet halls may charge a “service fee” that does not go to the employee but may be used to ensure he or she receives at least their minimum wage and overtime payments. Employees are free to receive both tips and service charges but employer may withhold service fees under certain circumstances.
Hospitality Worker Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees 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.