Ex-Server Claims Radisson Hotel New Rochelle Failed to Pay Hourly Wages
Last Updated on May 8, 2018
Huerta v. New Rochelle Hotel Associates Llc et al
Filed: January 5, 2018 ◆§ 7:18cv102
A former server claims he was paid no hourly wages while working at the Radisson Hotel New Rochelle, and was instead paid only in customer tips.
The company that runs the Radisson Hotel New Rochelle and one individual with control over the business are facing a proposed class and collective action filed by a former server who claims he was paid no hourly wages, with his compensation instead coming only from customer tips. The plaintiff alleges the Westchester County, New York hotel has violated the Fair Labor Standards Act (FLSA) and state labor laws by failing to pay proper minimum wages and withholding spread-of-hours pay owed for shifts lasting longer than 10 hours.
The plaintiff claims that despite being scheduled to work on about three weekends per month, totaling around 27 hours per week, he has “never been paid any base wage for his work.” Moreover, the complaint states the defendants have compensated the plaintiff with only 14 to 15 percent of his total tips earned for working banquets and events.
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