FLSA Class Action Filed Against Greek Peak Mountain Resort
Last Updated on May 8, 2018
Light v. Greek Peak Holdings, LLC
Filed: November 9, 2016 ◆§ 5:16-cv-01341-LEK-DEP
Greek Peak Holdings, LLC, the owning and operating entity of Green Peak Mountain Resort in New York, is the defendant in a class action.
Greek Peak Holdings, LLC, the owning and operating entity of Green Peak Mountain Resort in New York, is the defendant in a class action claiming the company broke state and federal labor laws with its unlawful wage practices. The plaintiff, who worked as a food server at the defendants’ restaurants until 2014, claims she and class members were not paid the minimum wage because the resort illegally applied the Fair Labor Standards Act’s tip credit provision to their pay without informing them they would do so. Further, the complaint reads, the defendants made it a practice to keep a portion of the mandatory service charges customers paid for private banquets rather than distribute that money to workers.
Summarily, the plaintiff claims food service workers were not properly considered tipped workers pursuant to the FLSA and, therefore, should have been paid more than the federal tipped minimum hourly wage.
The lawsuit seeks to certify four proposed subclasses:
- Unpaid Gratuity Subclass: all persons who worked as hourly banquet service workers (including, as examples, banquet servers and bussers) at the Resort, at any time six years prior to the filing of this action through the entry of final judgment in this matter, who did not receive some or all of the collected service charge automatically added on to customer bills.
- Subminimum Wage Subclass: all persons who worked as hourly tipped service employees at the Resort and who, at any time six years prior to the filing of this action through the entry of final judgment in this matter, were paid subminimum wages.
- Wage Theft Prevention Act (“WTPA”) Subclass: all persons who worked as hourly employees at the Resort who at any time six years prior to the filing of this action through the entry of final judgment in this matter, did not receive proper written notices as required under the Wage Theft Prevention Act.
- Spread of Hours Subclass: all persons who worked as hourly employees at the Resort at any time six years prior to the filing of this action through the entry of final judgment in this matter, whose length of time between the beginning and end of any given workday exceeded 10 hours in length, and were not provided an additional hour of wages at the basic minimum wage.
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