Calico Jack’s Cantina Hit with Former Employee’s Labor Law Allegations
by Erin Shaak
Last Updated on May 8, 2018
Escobar Montiel et al v. Shamrock Saloon II LLC et al
Filed: July 20, 2017 ◆§ 1:17-cv-05550
Calico Jack’s Cantina allegedly failed to inform employees that they would be paid based on a tip-credited rate and required them to spend more than 20% of their time performing non-tipped duties.
New York
Shamrock Saloon II, LLC and an individual owner are on the receiving end of a proposed collective action that alleges various labor law violations. The plaintiff says he worked at the defendants’ bar – Calico Jack’s Cantina – as a bar-back and porter but never received proper minimum, overtime, or spread-of-hours wages. According to the suit, the defendants never informed employees that they would be paid based on a tip-credited rate and required them to spend more than 20% of their time performing non-tipped duties. As a result, the complaint argues, employees like the plaintiff should have received the full minimum wage.
Additionally, the plaintiff says he was paid a fixed daily rate regardless of how many hours he worked and claims he never received accurate wage statements that recorded his hours and pay rate.
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