Servers at The Cheesecake Factory locations in New York have filed a class action lawsuit alleging time shaving, overtime violations and tip theft.
The lawsuit was filed in New York federal court by two former Cheeksecake Factory employees on behalf of waiters, waitresses, bartenders, servers and busboys at all the New York restaurant locations. According to the lawsuit, restaurant workers were not paid for all the hours they worked. They were often obligated to attend mandatory meetings before clocking in and were also required to continue working after clocking out. The off-the-clock work was not paid by The Cheesecake Factory. The restaurant workers also claim that they were required to misreport the total amount of tips they received each shift, and their hours worked were shaved by the restaurant. Additionally, the lawsuit states that the workers were required to purchase uniform shoes every three to six months, the cost of which was deducted from each person’s paycheck.
The lawsuit seeks class action status on behalf of waiters, bartenders, servers, and busboys working at all the Cheesecake Factory restaurants in New York. Attorneys for the workers allege that the restaurants’ pay practices violated the Fair Labor Standards Act and the New York Labor Law. The lawsuit seeks back pay, liquidated damages and attorneys’ fees.