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Archive for February, 2012

Judge Authorizes Collective Action Notice in Wheatfield’s case

A lawsuit against Wheatfield’s Eatery and Bakery, a restaurant with three locations in Omaha, Nebraska, has been given the go-ahead to move forward as a collective action under the Fair Labor Standards Act (“FLSA”). Magistrate Judge Thomas Thalken’s Findings and Recommendation noted that the Complaint contended that the restaurant utilized a compensation scheme that ...

Cook at Chipotle Restaurant Sues for Male on Male Sexual Harassment

A grill cook at a Chipotle Mexican Grill restaurant in Huntington, Long Island has accused the restaurant and a co-worker of unlawful sexual harassment. Kyle Desiro, who worked as a grill cook in the “back line” of the restaurant, claims that another grill cook would ...

Uncle George’s Restaurant Sued for Minimum Wage, Tip and Overtime Violations

Uncle George’s Restaurant, a popular Greek restaurant in Astoria, has been sued for minimum wage, tip and overtime violations. Lawyers for a waiter who worked for the restaurant for four years claim that the restaurant failed to pay its servers any hourly wages.  In other words, the waitstaff worked for tips alone, and even those ...

Lawsuit against Café Centro Restaurant Can Move Forward as Class Action

A lawsuit alleging that Café Centro failed to pay its waiters and waitresses properly in regard to tips, overtime, service charges, and spread of hours premium has been permitted to move forward to class action certification. In an Award dated February 6, 2012, Arbitrator Bonnie ...

Megu Restaurant Hit With Tip and Overtime Lawsuit

Servers at Megu restaurant have filed a lawsuit claiming that the upscale Japanese restaurant violated various federal and state law pay requirements. Lawyers for the workers claim that the restaurant improperly forced waiters and waitresses to share their tips with sushi chefs who had no ...

Mars 2112 Restaurant Sued Under New York Plant Closing Law

The abrupt closing of Mars 2112, a Times Square vicinity space-themed restaurant popular with tourists, has resulted in a plant closing lawsuit. Under the New York State Workers Adjustment and Retraining Notification Act (“WARN”), employers may be required to provide employees with ...

Notice Requirements Under the New York State Wage Theft Prevention Act Are Now in Effect

Under the New York State Wage Theft Prevention Act, effective February 1, 2012, New York employers are now required to give annual notice to their employees of wage information, including:

•His or her regular rate(s) of pay and overtime ...