Two high-end New York City restaurants specializing in Spanish cuisine, Sofrito, which is co-owned by New York Mets baseball player Carlos Beltran, and its sister restaurant, Sazon, were sued by former workers who claimed that the restaurants failed to pay minimum wages, overtime, and spread of hours pay. The Complaint, which was filed in New York federal court on April 15, 2011, alleges that the restaurants paid its workers shift pay of $35 per shift regardless of the number of hours worked and forced their waiters and bartenders to share a portion of their tips with workers who were not entitled to tips. Under the Fair Labor Standards Act (“FLSA”), a restaurant must pay its workers at an hourly rate for all hours worked and must pay them overtime for all hours worked over forty in a workweek at a rate of one and a half times their regular rate of pay. The FLSA also prevents employers from requiring its employees to share their tips with employees who do not regularly receive tips, such as dishwashers, cooks, chefs, janitors, and managers.
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