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Archive for September, 2010

Iron Chef Morimoto Sued for Tip Skimming

Masaharu Morimoto and his upscale New York restaurant Morimoto were sued by a barback in a class action lawsuit for cheating the restaurant’s workers out of tips. The case against Morimoto ...

Waiterpay.com Getting National Attention

Waiterpay.com has received national attention since its launch on September 20, 2010.  The site, which focuses on wage and hour issues in the New York restaurant industry, was featured in NBC, Newsday, The Village Voice, and other blogs.  Waiterpay is aimed at educating New York restaurant employers and ...

Collegetown Restaurant Sued for Minimum Wage and Overtime Violations

The New York State Department of Labor recently fined Charles B. Park, the owner of Green Café in Ithaca, New York, one million dollars for failure to pay his workers at both Green Café and his New York City deli minimum wages and overtime, ...

Waitress Fired For Facebook Post About Customers’ Cheap Tip

The Charlotte Observer published a story recently about a waitress who was fired for ranting on her Facebook page about a couple who stayed for a three hour lunch and left only a $5.00 tip.  The waitress, Ashley Johnson, a college student, ...

Iron Chef Mario Batali Served with Tip Skimming Lawsuit

The recent lawsuit against Iron Chef Mario Batali’s restaurants Babbo, Bar Jamon, Casa Moni, Otto Enoteca, and Tarry Lodge underscores the rampant wage and hour abuses in New York restaurants. 

How to Handle a Wage and Hour Case Program at NYCLA on October 13

A program on How to Handle a Wage and Hour Case will be held at New York County Lawyers’ Association on October 13, 2010.  Speakers at the program include Lou Greer, Assistant District Director, United States Department of Labor, Wage and Hour Division, and ...

IHOP Restaurant Ordered to Pay $105,000 to Two Teen Waitresses Harassed by Manager

A jury’s award of $105,000 in a sexual harassment lawsuit brought by two waitresses at Racine, Wisconsin IHOP was affirmed by a federal court judge.  The women, both in their teens, alleged that their assistant manager made sexually-charged comments, and engaged in inappropriate and ...

Hooters Sued by Waitress for Weight Discrimination

A former “Hooters Girl” filed a lawsuit claiming that the Hooters restaurant she worked at discriminated against her based on her weight.  At 5’8” and 132 pounds, Cassandra Smith was allegedly told by supervisors at the Roseville, Michigan Hooters to “join a gym in ...

Undocumented Workers Have the Right to Sue for Minimum Wage and Overtime

In light of Arizona’s new illegal-alien law and the nation-wide controversy surrounding it, it is important to be aware of the legal rights and remedies that are available to undocumented workers under the Fair Labor Standards Act (“FLSA”) and other labor laws.  Undocumented workers ...

Waitresses’ Sexual Harassment Claims Against University Club Are Teed Up For Trial

The recent decision in Bogota v. The University Club by the New York Supreme Court has permitted the sex harassment claims of four waitresses at the prestigious University Club to move forward to trial.  The waitresses, all of whom were part-time employees, were hired ...

Japanese Restaurant Worker Dies From Too Much Overtime

The UK Telegraph ran a story earlier this year that a Japanese court ruled that Nihonkai Shoya, a major Japanese restaurant chain, was required to pay the family of a worker 78.63 million yen (over $900,000) in damages because they worked him ...

Court Approves $19 Million Settlement in Sex Discrimination Case Against Outback Steakhouse

Outback Steakhouse agreed to a consent decree to settle a sex discrimination lawsuit for $19 million.  According to the Equal Employment Opportunity Commission (EEOC), Outback Steakhouse discriminated against female employees by restricting their access to high-level managerial positions.  The EEOC also alleged that ...

Hours Worked

You should be paid for any time you are required to be in the restaurant.

Deductions

Your restaurant cannot charge you for customer walkouts or breakage.

Minimum Wage

Your restaurant must pay you a minimum wage of at least $8.00 per hour, or at least $5.00 per hour (effective January 1, 2011) if it takes a “tip credit.”