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New York State

Upstate New York McDonalds’s Restaurants Accused of Wage Theft

A group of McDonald’s restaurants in Syracuse, Liverpool and other locations in upstate New York have been accused of “time shaving” the pay of employees, according to a class action complaint filed in United States District Court for the Northern District of ...

New York State Attorney General Investigating Pay of Fast Food Workers

The New York State Attorney General is investigating whether fast food restaurants have cheated their workers out of wages, according to a report in the New York Times. Eric T. Schneiderman, the Attorney General, is examining whether certain ...

Philippe Restaurants Hit With Overtime and Tip Skimming Class Action

Philippe restaurants on Long Island and Manhattan have been hit with a class action lawsuit by servers and bartenders who complain that they have been denied minimum wage and overtime pay and that the restaurants improperly took a tip credit under the ...

Department of Labor Cracks Down on Long Island Restaurants

The United States Department of Labor is targeting Long Island restaurants, charging close to 100 restaurants on Long Island with minimum wage and overtime violations in the last year, according to a Newsday article dated February 24.  Chateau ...

Program on “How to Handle a Wage and Hour Case” at NYCLA

A program on “How to Handle a Wage and Hour Case” will be held at the New York County Lawyers’ Association on January 31, 2013. Faculty for the program are Terri Gerstein, the Labor Bureau Chief, New York State Attorney General’s Office; Justin Swartz, attorney with Outten & Golden LLP; and Noel Tripp, attorney ...

T.G.I. Friday’s Facing Class Action Lawsuit for Minimum Wage and Overtime Violations

A former waitress and bartender at T.G.I. Friday’s in Manhattan has brought a class action lawsuit against the restaurant’s parent company, The Riese Organization, for minimum wage, overtime, and unlawful deductions. Cisse Diombera filed suit in the Southern District of New York on behalf of ...

Landmark Decisions for Waiters’ Rights in Batali and Pier Sixty Cases

On September 13, New York federal court Magistrate Judge Ronald L. Ellis approved a $5.25 million dollar settlement between current and former tipped service workers and Mario Batali’s eight New York City restaurants: Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and ...

Pret A Manger Sued for Time Shaving and Overtime Violations

Pret A Manger, a British fast food restaurant chain, has been sued by a former employee for pay violations. The class action complaint filed by Manuel Trinidad, a former sandwich maker and cashier of the restaurant chain, claims that he and other employees were ...

Chef Daniel Boulud’s Restaurants Accused of Violating Waiters’ Rights

Renowned Chef Daniel Boulud, whose restaurants have been recognized as the best in New York, has been sued by a former employee for allegedly violating New York and federal wage and overtime laws ...

Lawsuit Against Taco Bell Restaurants Claims Assistant Managers Should Receive Overtime

An overtime class action lawsuit against Taco Bell Company owned restaurants claims that assistant general managers were unlawfully deprived of overtime in violation of the Fair Labor Standards Act (FLSA) and the New York Labor Law. The lawsuit against Taco Bell was filed on ...

Hostile Work Environment and Retaliatory Termination Case Against Sutton Place Can Move to Trial

A sex harassment and retaliation case against Sutton Place Bar and Restaurant can move to trial, according to a recent Decision by a New York court. The lawsuit alleges that owner Neil Hanafy subjected female employees to a hostile work environment by ...

Lidia Bastianich Sued by Felidia Employees

Three current and former waiters for “Felidia,” a popular New York restaurant, owned by Celebrity Chef Lidia Bastianich, claim that the restaurant illegally retained tips and failed to pay minimum wage, spread of hours, and overtime pay. The Complaint asserts that the restaurant was ...

Legislation Proposed to Limit Effect of World Yacht Service Charge Decision

The scope of liability under Samiento v. World Yacht, the landmark 2008 decision by the New York Court of Appeals, is facing a challenge from New York legislators.  A proposed Senate Bill and an Assembly Bill in the New York State Legislature seek to eliminate past liability for catering halls and restaurants ...

Waiterpay.com Featured in Restaurant Hospitality

Waiterpay.com was featured this week in the national publication Restaurant Hospitality. The article recommended that if “you want to stay abreast of what’s going on by checking out www.waiterpay.com every now and then. Doing so will encourage you to become familiar ...

Wage Theft Prevention Act Provides Additional Rights For New York Restaurant Workers

On December 13, 2010, Governor David Paterson signed the Wage Theft Protection Act into law.  The law, which goes into effect on April 12, 2011, strengthens the penalties available under New York labor law for employers who illegally withhold employees’ pay or otherwise violate the minimum wage or overtime requirements.  Under the new law, ...