San Remo Café Hit with Former Employees’ Wage and Hour Suit

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Two operating companies of San Remo Café and four individual owners are facing a proposed collective action alleging the defendants violated several provisions of state and federal labor laws, including failure to pay proper wages. The four plaintiffs in the case – who worked at the restaurant as busboys, barbacks, and a bartender – say the defendants unlawfully applied a tip credit to their wages despite withholding a portion of their tips and requiring them to spend more than 20 percent of each shift performing non-tipped duties. They further claim they weren’t paid premium time-and-a-half wages for the hours they worked over 40 each week or over 10 in one shift. Even worse, the complaint argues that the defendants failed to pay the plaintiffs any wages at all for portions of their employment.

“In addition,” the case reads, “[one of the plaintiffs] was supposed to get $4 per reservation but he only got $4 for a reservation of more than one person when he should have received $4 for each person in the reservation.”

The suit goes on to allege that the defendants withheld from employees required meal breaks, accurate wage statements, and posted notices of their employment rights.