Tag Archives: NYLL

New York City French Restaurant Bagatelle to Pay $1.1 Million for Tip Credit Violations

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Bagatelle will pay $1.1 million to settle a wage theft lawsuit claiming that the restaurant misappropriated the tips of its food service employees and improperly used a tip credit to pay restaurant workers less than the minimum wage, in violation of the Fair Labor Standards Act and the New York Labor Law.  Bagatelle, the popular upscale French restaurant located in New York City’s Meatpacking District and self-described “NYC institution” is alleged to have required its food service workers, including servers, runners, bussers, and bartenders to share tips with tip ineligible employees, such as managers and silver polishers.   According to the lawsuit, brought by two servers who worked at the restaurant in 2015, when one of the servers asked his manager how much he had earned in tips on a particular night, he was referred to two different managers and never received an answer.

Attorneys for the workers also alleged that Bagatelle used a tip credit to pay its food service workers at the tipped minimum wage, despite failing to give them notice and requiring them to share tips with back of the house employees such as glass polishers and food expeditors.

The proposed settlement encompasses all servers, runners, bussers, and bartenders who worked at Bagatelle from January 1, 2012 to March 1, 2017.  It is estimated that the settlement will cover at least 100 workers and will be distributed in two categories: a. the amount of tips each worker received during his or her work period at Bagatelle, and b. a calculation based on total weeks worked.

“Restaurant Stakeout” Star Sued For Pay Violations By Housekeeper

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Food Network personality Willie Degel has been accused of cheating his housekeeper out of overtime, minimum wage, and spread of hours pay, according to a lawsuit filed in federal court in the Eastern District of New York.

Lawyers for Ann Jimenez, a domestic worker who worked at Degels’ mansions in Long Island, allege that she worked more than ten hours a day and seventy hours a week, but was paid a flat salary between $400 and $500 per week, an amount that came out to less than minimum wage.

Degel, who is best known for his role on the Food Network show “Restaurant Stakeout,” is also currently facing a lawsuit by the waiters, busboys and servers at his Uncle Jack’s Steakhouse restaurants in New York City.  Attorneys in that case claim that the restaurants failed to pay the servers overtime and wages under the Fair Labor Standards Act (FLSA) and the New York Labor Law.