Former Busboy Hits Taj Lounge Restaurant with Wage and Hour Suit

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The operating company of Taj Lounge Restaurant and three individuals are on the receiving end of a proposed collective action that accuses the parties of violating several provisions of the Fair Labor Standards Act and New York Labor Law. The plaintiff says he was ostensibly employed as a tipped busboy but spent more than 20 percent of each day performing tasks for which he did not receive tips. He claims the defendants wrongfully paid him a lowered tip-credited wage despite never informing him that they would be applying a tip credit to his wages and requiring him to perform non-tipped duties.

The suit further argues that the restaurant did not pay its employees proper overtime wages, noting that the plaintiff usually worked between 46 and 60 hours per week but was paid a fixed daily rate of $50.00 regardless of how many hours he worked.

Additionally, the complaint claims the defendants never provided their employees with proper meal and rest breaks, accurate wage statements and notices, and reimbursement for purchasing “tools of the trade” required to perform their jobs.