Employment Lawyer Blog

Would defendants in a New York wage and hour class action lawsuit ever dare to intimidate potential plaintiffs out of making a claim?

You might be thinking: that sounds like good fodder for a police procedural. But there's no way actual restaurant owners, in our day and age, would engage in such backroom arm-twisting.

You might be surprised.

Consider a recent victory that the team here at Joseph & Kirschenbaum, LLP, won on behalf of our clients, a group of restaurant employees. The plaintiffs said they were not paid proper overtime, and they brought a collective action against their popular New York City eatery for violating the Fair Labor Standards Act (FLSA).

Once the case was filed, employees at the restaurant had 60 days to opt-in to the class. It was a straightforward arrangement. However, during that 60-day period, "bad stuff" started to happen.

In November 2012, one plaintiff got summoned to meet with the restaurants owners -- accompanied by their attorney. They interviewed him about whether he worked overtime (he said yes). A week and half later, the owner gave the man a piece of paper and told him to "read it quickly and sign it even quicker."

The employee did so.

But guess what? Surprise surprise, the document contained language that misrepresented the employee's position. Among other things, it said that the employee never worked overtime (when he did); that he released the defendants from claims (he didn't); and that he did not want to be part of the wage and hour class action (he did).

The defendants denied these allegations - for instance, the owner said that he never told the employee to "review the document quickly and sign it even quicker."

The Judge Responds

The judge said that, in cases like this, communications between defendants and potential members of a class action generally should not be restricted. But the court does have a responsibility to prevent misleading or coercive communications.

The judge ruled that it was "inherently coercive" for the owners to solicit employees to sign away the chance to claim unpaid wages.

He approved the plaintiffs' request to extend the opt-in period for the class action by 30 days. He also ordered the defendants to notify the employees that they never waived their claims, even if they had signed the documents initially.

Positive Implications for Your Potential Case

Even if you're dealing with a coercive or bullying employer -- and you don't quite have a handle on your rights and the relevant law -- you may have far more resources available than you realize. The team here at Joseph & Kirschenbaum, LLP can help you find an equitable resolution to your struggle. Find out more about how we work and what we do here at www.jhllp.com, or call us now to set up a free, confidential consultation: 866-348-7394

If your New York City employer sexually harassed you -- or failed to promote you for illegal and/or despicable reasons -- take heart that you work in a country where legal system affords victims of workplace mistreatment robust rights.

Consider, by contrast, the following crazy story out of Japan.

A former Prada executive, Rina Bovrisse, sued her old employer for multiple grievances. Her CEO allegedly demoted and/or transferred 15 women coworkers, calling them "old, fat, ugly, [and] disgusting."

On October 2012, after petitioning the courts for three years, Bovrisse lost her case in Japanese court. The judge ruled that Bovrisse and her compatriots at Prada Japan had, indeed, been discriminated against -- but that the harassing behavior was okay and that subordinate employees should have been able to deal with it. Bovrisse's representatives argued that the Japanese Constitution should have protected her, but the single mom now must take her case before the United Nations' High Commission on Human Rights.

Testimony from senior executives at Prada Japan was simply jaw-dropping.

A senior HR Manager, for instance, testified that "I did receive an order by [David] Sesia, CEO, that I told her to 'lose weight.' This is, from our perspective, to maintain Prada brand image. We expect the store staff are supervised on the body shape."

Adding insult to injury (and then some), Prada Japan then countersued Bovrisse for $780,000. The company accuses her of damaging the brand. Per Bovrisse: "they're basically saying anything that they find that's negative about Prada - people blogging about Prada's bags [for example] - I'm making them write... they're really going crazy."

A petition at change.org is urging the Prada Company to cease its legal action against Bovrisse. As of this posting, the petitioners have only collected 200 out of 10,000 signatures desired.

Lessons for Your New York Sexual Harassment Case?

Whether your boss demoted you because you failed to reciprocate a sexual advance; or you fell victim to some other mistreatment at your workplace, you need help.

Joseph & Kirschenbaum, LLP, is one of the most respected, versatile employment law firms in New York City. We have successfully gone up against the biggest names in Manhattan's restaurant industry, fighting on behalf of wait staff, barbacks and other employees. We can help you, too. Call us today at 866-348-7394 to schedule your free consultation.

Whether you worked as a server at a New York City restaurant that distributed tips to workers not supposed to be in the tip pool; a contract worker who never received overtime pay on a difficult project, or a construction worker that got paid straight pay instead of time and 1/2 for overtime, you're kicking yourself.

You know you ought to do something.

You worked hard. You deserve to be paid, commensurately. Plus, if your employer violated the Fair Labor Standards Act (FLSA) or New York State Labor Laws, he or she needs to be held to account, not only to protect your interests but also to protect the interests of other employees.

You feel a strong responsibility to yourself and to other people to act -- to get the bad behavior to stop and to rectify unfair errors or omissions.

But you're stuck.

So what's stopping you from calling a reputable, experienced labor law firm, like Joseph & Kirschenbaum, LLP, to get insight into your options?

What's at the root of your procrastination?

Here are some possible roadblocks:

• You recognize that you've been mistreated, but your finances are in a fraught state. You don't want to lose your job, risk your chances of promotion, or otherwise "make waves" in a way that could cost you opportunities elsewhere in your industry;
• You're not a "confrontational person" by nature. You find it challenging to stand-up for yourself, even when you know that your rights are being trampled.
• You're worried about what will happen to your working conditions if you prevail. You might get money owed and keep your job. But would friendly co-workers "turn against you"? Would the fun and camaraderie that makes your job special disappear?
• This just doesn't "feel like the right time" to take action. For instance, maybe you're stressing over a family crisis or an illness;
• You believe that "things will get better on their own."
• There are deeper reasons why you're resisting getting help -- such reasons can range from fear of success to fear of failure to fear of everything in between.

Break Through Your Procrastination to Take Strategic Action to Protect Your Interests

The team here at Joseph & Kirschenbaum, LLP is world renowned for our aggressive, tenacious work battling on behalf of clients like you. We've spearheaded some of the highest profile class action lawsuits in the history of New York City's restaurant industry, for instance.

We're gratified to get to create positive changes in lives of our clients.

Connect with us today, so that we can help you figure out what to do to change the dynamics at your workplace. Call us at 1-866-348-7394 for a confidential evaluation of your case.

Whether your boss disgusted you by making a sexual overture or a co-worker harassed you in the break room, you are fuming.

You can't believe what's happened to you. It's 2013. How could any reasonably well-educated person -- working in a modern New York City office -- resort to such barbarism?

You want answers. How can you prevent the gross behavior from ever happening again? What can you do to punish a persistent harasser -- or at least get compensated for your stress, trauma, loss of productivity, and loss of work opportunities?

Here are 3 sound principles to get you on track.

1. Clarify your principles to your boss (or other harassing party), ideally in writing.

We all have different moral sensitivities and senses of humor. We live in a pluralistic society, and our collective diversity makes our society strong. However, when your values diverge from a your coworker's values, conflict almost inevitably results.

For instance, your boss may think it's "really funny" to tell sexist or racist jokes. Maybe that's how he and his friends entertained each other growing up. Maybe he learned that behavior at his last job. When you hear those jokes, however, you feel disgusted and freaked out.

In other words, he may not even realize that he is offending you, so consider clarifying how you feel. Avoid assuming that you and he are on the "same page" regarding your morals and values.

2. Keep a meticulous paper trial.

Beginning ASAP, record the history of the harassment in copious detail.

Don't do this on a work computer. Type it on your home computer, and/or journal it in a notebook at your house or apartment. That way, you won't have to worry about a co-worker accidentally finding what you've written and embarrassing you or confiscating your computer.

Documentation serves multiple purposes.

• When you document, you will spot patterns in behavior that you can use to your advantage. You'll gain insight into how to get the person to leave you alone and/or how to avoid him all together, for instance.
• When you create a solid paper trail, you situate yourself better for potential legal action.
• When you record verbatim harassing statements when they happen (or shortly thereafter), you can show those statements to superiors and/or HR officials. These people will be much more motivated to take action to help, if you've carefully documented things.

3. Ask for help -- and get help as early as you can.

New York sexual harassment law is ferociously complicated. You don't have the time, energy, or knowledge to parse it effectively, nor do you want to spend hours and hours poring over your company's HR policy's fine print.

For insight into your case, look to the widely respected team at Joseph & Kirschenbaum, LLP. Our attorneys have vast experience with wage and hour, sexual harassment, and other types of employment law cases.

Find out more here at www.jhllp.com, or call right now for assistance at 1-866-348-7394.

Perhaps you work as a server at a New York City restaurant.

You notice that some points in the tip pool are given to workers that are prohibited from sharing by law. Workers not allowed to share in the pool normally include:

Silver polishers, dishwashers, coffee makers that do not bring coffee to the tables, kitchen staff, expediters, napkin folders,wine directors, chefs,managers, floor managers, Maitre d's with managerial authorities and owners

Or maybe you've been victimized by subtle but devastating sexual harassment at your new job.

You're confused about what's happened, and you crave clarity about what to do next.

In addition to connecting with an experienced New York City wage and hour law firm, like Joseph & Kirschenbaum, LLP, take three minutes to complete the following exercise.

The exercise is called "The 5 Whys."

The "5 Whys" derives from a Japanese process improvement methodology. It's a useful exercise if/when you ever need to gain clarity on what to do about a difficult situation. It forces you to focus on root causes, rather than on superficial assumptions.

Here's how the "5 Whys" works.

Write down a situation that's been bothering you. Then ask yourself the question (on paper): "Why has this situation been happening?" Then answer that question on paper. Drill down by asking yourself "why" a second time: "Why has this [secondary problem] persisted?" Iterate the exercise five times (ask "5 Whys"), and you'll arrive at the root problem.

Here's an example of how to apply "5 Whys" to a wage and hour situation.

Let's say that you're a waiter at a high-end New York City restaurant. You've been unfairly (and, you suspect, illegally) docked tips and overtime wages. You know that you've been victimized, but you've "let things slide" for months. So you start the exercise by asking the following:

Why #1: "Why haven't I done anything about the fact that my manager keeps dinging my tips and failing to pay my overtime?"

Answer #: "Because I'm afraid he'll fire me or cut down my shifts if I complain."

Why #2: "Why am I afraid that he'll fire me or cut my hours if I complain?"

Answer #2: "Because when Vinnie (another waiter) complained about a similar problem eight months ago, they slashed his hours, and he eventually quit. And that scares me."

Why #3: "Why does that scare me?"

Answer #3: "Because I really need this job to pay my bills and support my family."

Why #4: "Why do I need to pay my bills for my family?"

Answer #4: "Because I care about my family. I have a fundamental need to provide for them."

In this case, we only took four "Whys" to drill down to something that was very core. This exercise won't necessarily lead to an immediate solution, but it can put our problems into context. It can help us recognize that our powerful emotions connected to seemingly trivial problems often speak to much deeper aspects of who we are.

For help understanding, step-by-step, what to do about your suspected wage and hour violation or sexual harassment case, get in touch with the team here at Joseph & Kirschenbaum, LLP. Call us now at 866-348-7394 for an effective, free evaluation of your case.

If you've been sexually harassed, or if your employer committed a tip pool violation or other violation of the Federal Labor Standards Act (FLSA), you need to understand your rights.

Sometimes, it can be useful (not to mention cathartic) to look at other, similar cases in the news. Consider, for instance, a recent sexual harassment case out of Tennessee, which a judge dismissed "with prejudice." What can we learn from what happened?

Megachurch Community Riven by Controversy

Plaintiffs in this case filed a multimillion dollar sexual harassment lawsuit against Mount Zion Baptist Megachurch. According to the Christian Post, four female members of the church "claimed that they had been sexually harassed and exploited during some counseling sessions held by the church." One plaintiff, Valencia Batson, told a local television station that she had held off on contacting the police because she feared retribution for complaining. Batson et al.'s lawsuit against Mount Zion Baptist followed on the heels of a separate but similar action filed by Corey Corbin, another congregant, who dropped her lawsuit in November.

The judge ultimately dismissed the plaintiffs' allegations "with prejudice," meaning that the case against Bishop Walker and the other defendants cannot be heard again. The megachurch serves around 20,000 members, so this lawsuit was a huge deal in Tennessee. Bishop Walker expressed gratitude for the ruling: "...I'm relieved by the verdict after all the negative publicity."

Lessons for You As You Contemplate Possible Legal Action

Obviously, it's impossible to know precisely what happened in Tennessee: whether sexual harassment or other mistreatment did or did not take place, whether the judge made a proper ruling, etc. However, the story does highlight the "David vs. Goliath" aspect of employment litigation. When an employee challenges a higher-up - or an entire company! - that employee often feels intimidated, alone, powerless, and confused.

Even though laws exist to protect employees against wage and hour violations, harassment and retaliation, many workers are confused about their rights and unsure how to end harassment and seek redress strategically.

The team here at Joseph & Kirschenbaum, LLP is dedicated to helping employees understand and fight for their rights. We have succeeded in many complex sexual harassment and wage and hour cases in New York City and beyond. Get in touch with us for free, empathetic, and thorough consultation at 866-348-7394 or www.jhllp.com.

Our team here at Joseph & Kirschenbaum, LLP is proud to represent diverse defendants in wage and hour and tip pool violation cases throughout New York City and beyond. If you believe that you've been mistreated or underpaid, you may find it instructive to consider what one of our clients recently endured, while working at a world famous steakhouse in New York.

• The employee worked for the defendants from April 2008 through January 2009 as a bartender and an occasional waiter/server;
• He often worked more than 40 hours in a workweek;
• Based on his conversations and experiences, many other tipped employees likewise worked in excess of 40 hours in a workweek;
• During his employment, the defendants failed to record his daily hours and also failed to record when his workday started and ended;
• The steakhouse failed to record hours for other tipped employees;
• The defendants paid him a set amount per shift, independent of how long he worked the shift. Sometimes, he worked for more hours than he was compensated for, and he was often not paid for all hours worked;
• Furthermore, he was never compensated for the hours he worked while training, and neither were other tipped employees;
• The plaintiff also alleged that the steakhouse violated the New York minimum hourly wage rate rule. He often worked more than 10 hours on a workday, but he never collected an additional hour's pay, which was entitled to him by law;
• The plaintiff and other employees had to purchase an expensive work uniform: a collared shirt, black slacks, black bowtie, and black shoes. They were never reimbursed;
• The steakhouse also failed to compensate the employees for the expense of laundering their uniforms.

These Wage and Hour Violations: A Stunning Exception, or an "All Too Common" Occurrence?

The team here at Joseph & Kirschenbaum, LLP, advocated successfully for the plaintiffs and compelled the celebrity owned steakhouse to compensate the workers appropriately.

However, the allegations raise deep and disturbing questions. If these shenanigans had indeed taken place in one of the city's most respected institutions, might similar "bad practices" be commonplace in other NYC restaurants and other businesses?

If you believe that you and your coworkers have been underpaid or otherwise abused at work, help is available. The law provides substantial tools that you can leverage to get fair treatment and fair pay. We can help you understand what's gone wrong and give you back your peace of mind. Call our team today at 866-248-7394, or explore more about us online at www.jhllp.com.

The team here at Joseph & Kirschenbaum has prosecuted many landmark wage and hour cases against restaurants in New York City for violations of the Fair Labor Standards Act (FLSA).

If you've studied our blog or learned about our work, you will quickly (hopefully) conclude that the restaurant industry here in the Big Apple has a big problem. Given the copious overtime, record keeping, minimum wage and tip pool violations that we've seen, one wonders whether some of these businesses are even aware of laws like the Fair Labor Standards Act.

Apparently, the restaurant industry in New York is not alone in flouting the FLSA.

Consider the following breaking news out of Los Angeles: the Labor Department's Wage and Hour Division is investigating fashion chain Forever 21 for substantial and diverse FLSA violations. The company allegedly:

• Failed to keep contractor records;
• Failed to pay overtime and meet minimum wage thresholds;
• Violated the FLSA in technical ways with respect to how the company supplied and interacted with vendors and manufacturers.

The federal agency has been investigating Forever 21 vendors for over four years. A few months ago, the agency subpoenaed the company for information regarding employee hours, manufacturer/wage documentation, and general work practices. A California administrator for the DOL, Ruben Rosalez, had these harsh words to say about the matter: "When companies like Forever 21 refuse to comply with subpoenas, they demonstrate a clear disregard for the law. The Labor Department will use all enforceable tools available to recover workers' wages and hold employers accountable."

Without scrutinizing the relevant documents and data about this case, we cannot jump to conclusions about it. However, it's helpful to see these allegations in a broader context that also considers the work that our firm and others have done.

The DOL has launched over 1,500 investigations in Southern California over the past five-years regarding FLSA violations in the fashion industry. So far, these investigations have found that 11,000 + fashion employees are owed more than $11 million in unpaid wages. An unbelievable 93% of the investigations found violations of the FLSA.

Sound familiar?

Critics sometimes contend that New York wage and hour law firms like ours "go overboard" in terms of litigating wage and hour claims. But this rash of alleged FLSA violations in yet another industry indicates just the opposite -- it suggests that our firm is helping to watchdog a business culture that has, in some ways, gotten out of control.

You and your co-workers may be confused about what rights you have under the FLSA, or even whether you have a case or not. Get in touch with the trusted, tested team at Joseph & Kirschenbaum LLP for a free, thorough, and fair consultation.

Call us at 866-348-7394 or find out more about us at www.jhllp.com.

El equipo acá en Joseph & Kirschenbaum ha procesado muchos casos de horas y sueldos contra restaurantes en la Ciudad de Nueva York para violaciones en La Lay de Normas Justas de Trabajo (FLSA).

Si ha estudiado nuestro blog o ha aprendido sobre nuestro trabajo, va a darse cuenta rápidamente que la industria de restaurantes acá el la Gran Manzana tiene un gran problema. Dadas las violaciones de horas extras, "record keeping," el sueldo mínimo, y las violaciones de los "pozos de propinas" que hemos visto, uno se pregunta si algunos de estos negocios aún saben de las leyes tal como FLSA.

Aparentemente, la industria de restaurantes en Nueva York no ésta sola en desobedecer la FLSA.

Toma en mente las noticias siguientes desde Los Angeles: La Sección de Horas y Sueldos del Departamento de Labor ha sido investigando los vendedores de la cadena de moda Forever 21 por más de cuatro años. Hace algunos meses, la agencia hizo una citación a la compañía para información sobre las horas de los empleados, documentación en las fábricas, y las políticas generales del trabajo. Un administrador californiano del Departamento de Labor, Ruben Rosalez, dijo palabras duras con respecto al asunto: "Cuando compañías tal como Forever 21 se niegan a acatar citaciones, demuestran una indiferencia clara hacia la ley. El Departamento de Labor va a utilizar todas sus herramientas ejecutables y disponibles para recuperar los sueldos de los empleados y para hacerse responsable el empleador."

Sin inspeccionar los documentos relevantes y los datos sobre este caso, no podemos sacar conclusiones precipitadas. Sin embargo, nos ayuda a ubicar estas alegaciones en el gran contexto que también considera el trabajo hemos hecho nuestra firma y otras.

El Departamento de Labor ha lanzado más de 1,500 investigaciones en California del Sur en los últimos cinco años sobre violaciones de la FLSA en la industria de moda. Hasta el momento, estas investigaciones han encontrado que a más de 11,000 empleados de moda se les deben más que $11 millones en sueldo no pagados. Es increíble que 93% de las investigaciones hayan encontrado violaciones en la FLSA.

¿Le parece familiar?

Las críticas a veces dicen que las firmas que practican las leyes de horas y sueldos como nosotros se exceden con el litigio de demandas de sueldos y pago por hora. Pero esta infección de violaciones alegadas en FLSA en otra industria (moda) indica la opuesta: sugiere que nuestra firma está ayudando a regular una cultura comercial que, en algunas maneras, se ha vuelto fuera de control.

Usted y sus compañeros del trabajo podrían estar confundidos sobre sus derechos bajo de la FLSA, o si tienen un buen caso. Póngase en contacto con nuestro equipo en Joseph & Kirschenbaum LLP para una consultación gratis, cuidadosa, y justa.

Llámenos: 866-348-7394, o para saber más sobre nosotros: www.jhllp.com

On July 31, 2009, the team here at Joseph & Kirschenbaum filed a collective action and class action lawsuit against a prominent New York restaurant corporation. The plaintiffs we represented alleged that the restaurant failed to abide by New York state labor law and the federal Fair Labor Standards Act (FLSA) for a combined total of seven years.

The plaintiffs alleged that the restaurant:

• Failed to compensate them fairly for hours worked, according to rules set by both Federal and New York state law;


• Failed to pay overtime for hours worked in excess of 40 hours per work week;


• Failed to remunerate them fairly per New York's "spread of hours" premium rules;


• Illegally deducted money from tips.

The bus boys, runners, bartenders, and servers in the class sought a variety of types of compensation, including penalties, pre and post judgment interest, liquidated damages, restitution, unpaid wages, and attorneys fees.

Without admitting wrongdoing, the restaurant settled the case for $375,000 and agreed to pay government mandated withholdings on top of that amount.

Big Restaurant Case "Rhymes" with Other Cases We've Successfully Prosecuted

Joseph & Kirschenbaum LLP, has taken on some of the biggest and most well-known restaurateurs in New York and beyond. Our track record for fighting for and winning big cases is nearly unparalleled, especially when it comes to litigating tip withholding violations and other wage and hour issues.

Big restaurateurs fear our firm, and for good reason.

However, what motivates our passion for this litigation isn't the urge to punish. Rather, we are driven by a burning desire to provide justice and fairness for workers who have been mistreated.

In many cases, such as the case we discussed above, bus boys, servers, barbacks and other employees often go years - sometimes decades! - without receiving fair compensation for their services. If you're trying to survive and feed your family in New York City -- and your tips are being withheld and/or you're not receiving fair overtime payments -- those seemingly minor "slights" can add up to tremendous, even crippling, inconvenience.

If you or someone you care about has not received fair compensation -- or you even just suspect that your employer may not be treating you fairly -- call our team today to set up a free consultation at 866-348-7394, or find out more about us on the web at www.jhllp.com

In May, Joseph & Kirschenbaum finalized a class action settlement in a major New York City wage and hour violation case that could have tectonic implications for the restaurant industry.

Although we cannot disclose detailed facts about this case, this blog post will explain what happened and provide you with resources to manage your own situation, if you or someone you love has been financially hurt by tip pool violations or other workplace malfeasance.

The plaintiff was an out-of-state resident who worked at a big, highly respected fine ethnic restaurant over the past three years. He and other members of the class alleged that defendant committed "wage and hour" violations, knowingly and willfully, by retaining tips in violation of New York law that caused economic injury.

The defendants kept a major portion of the plaintiffs' tips, failing to distribute gratuity. If and when a customer tipped in excess of 20%, the defendant forced waitstaff to pool their money and divvy it up among non-service employees, in violation of the law.

That may seem to be an insubstantial slight. But when you tally up the amount of money lost to the class over the year, the damages boggle the mind. They exceeded $1 million, independent of the disbursements, fees, costs, and interest! That's a tremendous amount of money that "went missing" for servers and other hardworking employees.

If this case were an anomaly, it would still constitute something of a tragedy.

Unfortunately, as we've discussed in multiple blog posts recently, this kind of wage and hour violation "scheme" has bordered on the pathological, at least among institutions here in New York City. It is simply not okay - nor is it legal - for esteemed and critically adored restaurants to withhold tips and gratuities illegally from hardworking servers. Nor is it okay or legal to violate other laws, such as New York's "premium hours" laws or the state's overtime laws.

What to Do If You Suspect a Tip Law Violation Or Other Wage and Hour Violation

The team here at Joseph & Kirschenbaum LLP, is uniquely positioned to help you. We've earned a reputation as one of the most active and effective law firms in New York for dealing with tip pool violations and other wage and hour issues. Get in touch with our office right now at 866-348-7394 for a free, confidential consultation.

We'll help you plot out a precise and strategic course of action to get justice done.

In 2008, the team at Joseph & Kirschenbaum fought for the rights of servers in a complex class action lawsuit unusual in that it was heard in state court, not federal. It involved one of the most conspicuously celebrated restaurants in Manhattan. We will not reveal the name and location of this eatery, but understand that it was (and is) a prominent establishment -- the site of many a celebrity wedding, tony cocktail party, and gala soirée.

Sadly, for all the restaurant's luster, many servers wound up with the short end of the stick.

In violation of New York law, the Defendant knowingly and willfully retained servers' tips, when the servers worked at special parties. The hosts of these events generally paid a fixed gratuity to the restaurant, which should have, by law (and also by moral imperative), been distributed to the hardworking servers who catered to the guests.

All told, the class suffered damages in excess of $100,000 - that's without counting fees, costs, interest, and disbursements. Our law firm brought a class action, pursuant to New York Civil Practice Law & Rules Article 9, for all the employees and promoters who had worked for the restaurant within six years prior to the complaint's filing.

The class action met necessary standards:

• Ascertainability
• Numerosity
• Typicality
• Adequacy
• Superiority

If those terms seem overly "legalistic," here's the gist: to develop and win a class action, you must abide by highly specific rules, parameters and procedures. Our class met all of those.

Lessons for You

Lesson #1: No company, no matter how powerful or how well respected, is above the law.

Sadly, many victimized restaurant workers have no idea how much leverage NY state and federal law provide them. Getting beyond the "intimidation factor" is hard, but not impossible. As a server, bartender, barback, cook, or other restaurant employee, you deserve to be treated fairly and with dignity, and the law can be a powerful ally.

Lesson # 2: You don't have to battle for fairness and justice on your own.

If you've been subjected to an unfair situation at your restaurant, odds are that you are not the only person in the history of that restaurant who's had similar complaints! Even if none of your fellow employees will admit their misgivings to you, don't take the lack of grumbling as a sign that you're isolated.

Lesson # 3: Help from a competent New York wage and hour law firm can be invaluable, both for your pocketbook and your soul.

Why are we here at Joseph & Kirschenbaum so passionately committed to ensuring the rights of workers? The answer is simple: we believe that our quest is important -- a chance to play a small role in making the world more fair. It is a true joy to help struggling restaurant workers (and other laborers) resolve and get past mistreatment and frustration.

We can help you with your quest for justice. Find out more about us at www.jhllp.com or call for a free consultation at 866-348-7394.

After years of litigation, our New York wage and hour lawyers successfully settled a major case against a prominent New York City eatery on behalf of 32 plaintiffs, who alleged that the Defendant had violated New York Labor Law by illegally withholding gratuities.

Although the Defendant denied (and continues to deny) the material allegations and claims asserted, the restaurant agreed to settle, rather than risk extended litigation or a large public trial that could decimate the business' brand. All told, after attorney's fees and other costs, the plaintiffs received over $507,000 - a huge sum of money for any business to pay, particularly a restaurant trying to survive in the ferociously competitive New York food service industry.

Fortunately, the servers who fought to get this tip rule violation corrected can now rebuild their finances and move forward with their lives and careers. While the settlement was unquestionably a big victory for the plaintiffs, the resolution still feels slightly bittersweet. Why did it take so much effort, legal and otherwise, to compel this employer to adhere to the law and treat hardworking servers justly? More broadly, why do so many restaurants (and other businesses) in New York and beyond fail to nurture their biggest asset: their people?

These are profound questions.

The sheer number of overtime and workplace violation allegations we've seen staggers the mind. This trend suggests a deeply-rooted problem with certain business cultures.

Yes, exceptions apply. Some employers "get in over their heads" and thus obliviously fail to adhere to minute details of New York Labor Law or the FLSA. Some businesses do make honest mistakes. But when you look at this case in a larger context - which our team is uniquely privy to do, since we've litigated literally dozens of high profile wage and hour cases that share elements with this one - you cannot help but wonder whether something bigger needs to be fixed. How can we collectively change labor culture to guarantee that hardworking crews in restaurants and elsewhere get fair treatment and fair pay?

If you or someone you know or love wants a private, confidential consultation about your own workplace dilemma - whether you suffered sexual harassment, a wage and overtime violation, or another slight - get in touch with the team at Joseph & Kirschenbaum, LLP, today for a free consultation. Call us now at 866-348-7394.

Plaintiff Neville Brown and others similarly situated have brought a lawsuit alleging that Brown and fellow construction workers failed to receive fair payment for their work, per New York's Wage and Hour laws and the Fair Labor Standards Act (FLSA). Defendants Empire Appraising Services Inc. and Roger Strongwater face challenging allegations, to say the least.

The allegations paint a compelling picture:

• Brown and fellow construction workers allege that they were paid a set amount per shift (i.e. shift pay) which did not vary based upon how many hours they worked per week.

• It is alleged that Plaintiffs regularly labored in excess of 40 hours a week but were never paid an overtime premium for hours worked in excess of forty per week. Under federal and New York laws, all but specifically exempt employees are entitled to one-and-a-half times the hourly rate for hours worked in excess of 40 hours per workweek.

Plaintiffs seek full relief, including:

• Proper overtime compensation for each hour of overtime worked;

• Liquidated damages in an amount equal to the unpaid overtime compensation; and

• Attorneys' fees, costs, pre-judgment interest, and post-judgment interest.

Implications for You, as a Possible Victim of Wage and Hour Violations:

If your employer has bullied you into accepting inadequate, unfair, and illegal compensation, you have the right and power to protect your interests and even help others in the same boat. Whether your employer denied you overtime or minimum wages, engaged in restaurant tip violations, or committed other malfeasance, the team here at Joseph & Kirschenbaum, LLP can help you understand your rights and develop an effective plan of action. Connect with us today at 866-348-7394 for a free, confidential evaluation of your case.

New York wage and hour lawsuits can be astonishingly complex events.

Although the team here at Joseph & Kirschenbaum has a practically unmatched track record for pursuing litigation against NYC restaurateurs who violate laws like the Federal Labor Standards Act (FLSA) and New York Labor Laws, each case is pregnant with nuances. These distinctions must be delicately managed. You must balance the drive to exact justice and ensure fair remuneration with the need to control the proceedings and maximize the likelihood of success.

Consider, as an example, a wage and hour class-action case we settled earlier this year for the large amount, by industry standards, of $404,000.00. The defendant was a high profile New York restaurant: a prominent business with a loyal customer following. Unfortunately, the business's drive to serve up sumptuous food while keeping costs down apparently trumped its drive to hew precisely to the FLSA and to New York labor laws.

Not the Way to Pay Your Hard Working Employees

Our class-action asserted that defendant violated these crucial laws in multiple ways:

• Service employees had to share their tips with coffee makers, napkin rollers and other "non-service" workers. In enforcing this policy, the defendant illegally withheld portions of tips. The lawsuit asked the defendant to return the tips and redistribute them fairly.

• The illegal withholding should make the defendant ineligible for the "tip credit," which allows restaurants to pay certain food service workers a lower minimum wage. (The catch is: those workers need to be able to collect tips. That's why they call it a "tip credit"!)

• The plaintiff did not fairly remunerate workers who exceeded so-called the "spread of hours premium." In New York, certain workers who work more than 10 hours a day need to be paid an additional hour at the state's minimum wage.

Settled in Mediation -- Not at Trial

We settled this case through a mediated agreement.

The defendants agreed to pay $404,000.00. The members of the class, who opted in and who worked as full time employees at the establishment, will collect between $2,000.00 and $4,500.00 each

The plaintiffs certainly had lots of compelling evidence. In this case, the broad investigation yielded a plethora of facts disputed with the defendant -- no surprise, since the events spanned over four years and involved more than 400 workers.

Class action lawyers face literally dozens of nuanced disputed facts, and must deal with them powerfully and convincingly to get the the highest recoveries for our clients and succeed with high stakes litigation.

If you or a loved one was mistreated at a restaurant -- denied fair compensation, harassed, or abused in any way -- the ethical, highly respected team at Joseph & Kirschenbaum would be happy to provide a free case evaluation. Call us today at (866) 348-7394.