Viand Coffee Shop Hit with Former Employee’s Wage and Hour Lawsuit

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A former employee of Viand Coffee Shop of 61 St. Inc. has filed suit against the restaurant and an individual owner claiming they violated certain provisions of state and federal labor laws. The plaintiff says he worked at Viand Coffee Shop as a waiter without being paid proper minimum, overtime, and spread-of-hours wages. According to the complaint, the defendants applied a tip credit to the plaintiff's wages without providing proper notice and required him to spend more than 20 percent of each shift performing non-tipped duties around the restaurant. Even further, he claims the defendants distributed his tips among non-tipped employees in violation of the Fair Labor Standards Act’s tip credit requirements.

The suit argues that the plaintiff’s punch cards consistently reflected only five days of work per week—when he actually worked six—and reduced each day’s recorded time by one hour.

The man further alleges that the defendants failed to reimburse him for “tools of the trade” he purchased at his own expense, including white dress shirts, pants, and dress shoes.