A Close Look at Real Life Wage and Hour Allegations Made By One of Our Clients

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 (212) 688-5640, or explore more about us online at www.jhllp.com.

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