NYC’s Down the Hatch, Atomic Wings Wrapped Up in Wage and Hour Complaint

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The operating companies behind New York City bar Down the Hatch and its chain restaurant, Atomic Wings, are the defendants in a proposed collective action wherein the plaintiff, a former tipped busboy and porter, alleges he’s owed unpaid minimum, overtime and spread-of-hours wages. The plaintiff, who worked for the defendants from June 2014 through October 2017, claims that despite being a tipped employee, he was required to spend several hours each day performing non-tipped duties unrelated to bussing tables. According to the complaint, the plaintiff worked anywhere from 52.5 to 62 hours per week without proper wages. The man alleges he was never notified by the defendants—Atomic Wings Franchisor Inc., Mirabi, Inc., and two individuals—that his tips would be included as an offset for hourly wages. In fact, the man claims, these tips were not accounted for in any of the defendants’ books; instead, the defendants’ managers “pocketed a portion of all cash tips customers left” for the plaintiff.

The case further claims money for meals was deducted from the plaintiff’s weekly paycheck despite the fact that he was never provided with meal or rest breaks of any length.