Manhattan's Joe Allan Restaurant Hit with Labor Law Claims

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The operating company of Manhattan-based Joe Allen Restaurant, the restaurant’s owner, and a manager are facing a proposed collective action filed by a former employee who worked for the defendants as a runner, hostess, server, and bartender. The plaintiff claims she did not receive proper minimum, overtime, or spread of hours wages as required by the Fair Labor Standards Act (FLSA) and New York state law. She says the defendants claimed a tip credit on her wages, but failed to meet the requirements for doing so. In particular, the defendants gave employees no notice of the tip credit, required workers to perform non-tipped duties, and allowed non-tipped employees to participate in the tip pool, according to the suit.

The plaintiff further argues that she worked some hours that were not compensated at all and that the defendants paid her based on “a random amount of hours worked.” She claims she did not receive proper time-and-a-half overtime compensation or spread of hours wages and that the defendants failed to provide her with required wage statements.