Judge Gives Go Ahead To Café Centro Class Action

A lawsuit alleging that Café Centro, a popular mid-town Manhattan restaurant, violated overtime, spread of hour pay, and other payment of wage requirements under the Fair Labor Standards Act and New York Labor Law, may proceed as a class action in arbitration. In a Decision dated July 9, 2012, New York federal Judge Robert Sweet upheld the Award of Bonnie Weinstock, who previously found that Café Centro waiters and waitresses had a the right to proceed with the case on a class wide basis in arbitration.  Judge Sweet rejected the restaurant’s claim that under the Supreme Court’s decision in Stolt-Nielson, they were not required to submit to class arbitration unless there is a contractual basis for concluding that there was an agreement to arbitrate as a class. Louis Pechman, founder of waiterpay, is the attorney for Café Centro workers.