New York's B Café, Owner Sued Over FLSA Violations

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A new class action filed against the owners and operators of B Café in New York claims employees were not paid appropriate overtime and minimum wages under the Fair Labor Standards Act (FLSA). The plaintiff, a former dishwasher and delivery worker, alleges he was required to perform non-tipped duties unrelated to his primary responsibilities. He says he regularly worked in excess of 40 hours per week without being properly compensated for all hours worked. Additionally, the lawsuit claims the defendants failed to give the plaintiff his spread-of-hours pay, owed in New York to those who work shifts longer than 10 hours in a day, as well as keep accurate records of hours worked.

Lastly, the suit says the defendants illegally took a tip credit—which in certain situations allows for employers to count workers’ tips against the minimum wage—in excess of 20 percent each work day because of the plaintiff’s non-tipped duties.