Bistro Caterers, Pulse Restaurant Hit with Wage Lawsuit

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Bistro 1285 Inc. and Bistro 369 Food Corp. (doing business as Bistro Caterers), 1285 Bakery Inc. (doing business as Pulse Restaurant), and the groups’ owners are the defendants in a proposed class action filed over allegedly unpaid minimum and/or overtime wages. The defendants’ two catering businesses and restaurant are located in New York City. The lawsuit alleges the defendants failed to pay the plaintiffs proper overtime wages for all hours worked over 40 in a workweek—the case says the men worked between 50 and 63 hours per week—as well as spread-of-hours pay for shifts that lasted longer than 10 hours.

The plaintiffs claim they were employed by the defendants as deli and maintenance workers, food preparers, and ostensibly as delivery workers. Despite their tipped delivery worker job titles, the plaintiffs say spent a “considerable” amount of time performing non-tipped, non-delivery-related tasks. The men say these non-delivery related tasks took up more than 20 percent of their workdays and, as such, the defendants were not entitled to take a tip credit on their wages.