The New York City Bar Association will hold the CLE program “Opening A Restaurant in New York: Legal Issue Boot Camp” on March 24. The program will focus on the corporate, real estate, liquor license, and labor/employment issues involved in opening a restaurant in New York City. Speakers on the panel include Jack Gordon, partner at Kent, Beatty & Gordon LLP; Carolyn Richmond, partner at Fox Rothschild LLP; Sonal Shah, General Counsel of Ark Restaurant Group; Alex Victor, partner at Davidoff, Hutcher & Citron LLP; and Larry A. Welch, Associate at Golenbock Eiseman Assor Bell & Peskoe LLP. Lou Pechman will be chairing the event. For more information on the program please visit the event page.
Today is National Waiters and Waitresses Day. To commemorate, check out this blog about the top ten wage violations in the restaurant industry written by waiterpay.com founder Louis Pechman, featured on the Huffington Post.
The Fair Labor Standards Act (“FLSA”), which was signed into law by Franklin Delano Roosevelt on June 25, 1938 outlawed “oppressive child labor,” imposed a federal minimum wage of 25 cents per hour, and required overtime for hours worked over 40 in a week. But the America we live in is far different from that which existed 75 years ago and both employee advocates and company executives have raised serious questions as to how well the FLSA is currently working. Read the full article written Louis Pechman, founder of waiterpay.com, on The Huffington Post.
Sous Chefs who worked in the kitchen at restaurants owned by China Grill Management, including Ed’s Chowder House, Empire Hotel Rooftop, and China Grill, have sued the restaurants for denial of overtime compensation required by federal and state wage and hour laws.
The employees allege in their Class Action Complaint, filed in New York federal court, that they were not paid an overtime premium for all hours worked over 40 in a given work week. The workers claim they were misclassified as exempt from the Fair Labor Standards Act (FLSA), which requires each covered employer to compensate all non-exempt employees at a rate of at least one and one-half times the regular rate of pay for work performed in excess of forty hours per work week.
The sous chefs seek unpaid overtime wages, liquidated damages, and attorneys’ fees and costs. Under the FLSA, kitchen workers and cooks are generally entitled to overtime unless they are salaried employees who fall into an administrative, professional, or executive exemption from the law.