A historic New York City restaurant, Jahn’s Ice Cream Parlor, has been hit with a lawsuit by two former waitresses for minimum wage and overtime violations. The lawsuit, filed in New York federal court, alleges that Jahn’s failed to pay two of its servers the statutory minimum wage as well as overtime wages, in violation of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
The lawsuit alleges that the two former servers were not paid the minimum and overtime wages required by law. According to the servers, one of whom had worked at Jahn’s for seven years, Jahn’s paid them at wage rates below the New York statutory minimum wage of $11.00 per hour and forced them to sign an agreement stating they were paid correctly in order to retain their employment.
The lawsuit also alleges that Jahn’s failed to pay the servers overtime for hours worked exceeding forty in a workweek. The FLSA and New York Labor Law require that employers pay their employees at a rate of one and a half times their hourly wage for all hours worked beyond forty in a workweek. One of the former servers regularly worked approximately 44 hours per week without being paid overtime wages. The servers also claim that one-hour lunch breaks were regularly deducted from their pay despite only receiving 30 minutes for lunch, which they say was often interrupted by the owners.
The servers are represented by Louis Pechman and Gregory Slotnick of Pechman Law Group PLLC. The lawsuit, reported on by Law 360, follows comes on the heels of Pechman Law Group's $975,000 settlement for the workers at Serendipity 3, an iconic New York restaurant known for it's ice cream sundaes.
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