NEW YORK — New York City’s premier Indian-Australian cuisine hot spot, Babu Ji, recently settled a second unpaid overtime lawsuit with a trio of former servers who claim the restaurant’s owners withheld overtime wages and threatened retaliation for demanding full wages. Last year, the restaurant’s owners closed a different location after settling a similar wage theft claim for $90,000 over allegations the defendant withheld tips from servers as a means to enrich themselves.
According to reports, the most recent complaint accused the owners of not just stealing server tips but going as far as threatening one plaintiff and his family with violence over the filing of the unpaid overtime lawsuit. Another server claimed the restaurant’s owners went off on a profanity-laced tirade over the suit and even threatened to file a counter lawsuit in response to the claim.
The unpaid overtime lawsuit alleged that the owners pocketed both cash and credit card tips from the servers, paying the group only a flat fee of $600 every week despite the employees putting in as many as 60 hours during the workweek. Under state and federal law, employers must pay workers one and a half times the individual’s average hourly wage for hours spend above the 40-hour overtime threshold.
Furthermore, filing a wage theft lawsuit is considered a “protective action” under state and federal wage and labor laws, particularly the Fair Labor Standards Act (FLSA). Employers retaliating against workers taking part in protective actions could face severe civil penalties, including additional restitution to the aggrieve worker. Unfortunately, these types of malicious business practices are all to prevalent in the restaurant industry and often affect the most vulnerable types of employees.
The three plaintiffs in this particular settlement should see about $28,500 in compensation between them for unpaid tips and overtime, interest on back pay, liquidated damages and other costs. The settlement, like most unpaid overtime claims, also covered attorneys fees necessary to prosecute the claim and recover hard earned wages.
Restaurant Server 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 feel 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.