Huziankou v. NY Sweet Spot

  • Posted on: Feb 28 2019
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On October 12, 2018, Dzianis Huziankou, Timur Kim and Ayatolla Kuanysh filed a putative class and collective action Complaint against NY Sweet Spot Café Inc. d/b/a “Sweetspot Café” and Olga Perry in the U.S. District Court for the Eastern District of New York, which is assigned case number 1:18-cv-5715

Scope of class and collective action members:

The lawsuit is brought on behalf of all individuals whom Defendants employ or have employed as waters since October 12, 2018.

Claims in the lawsuit:

The lawsuit alleges the following causes of action on behalf of the class and collective action members.

  • Unpaid minimum wage under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“Labor Law”). The Complaint alleges that Defendants did not pay the waiters any wages and that the waiters’ tips were their only compensation.
  • Unpaid spread of hours pay under the Labor Law. The Complaint alleges Defendants failed to pay the waiters an extra hour at the minimum wage for any day they worked more than ten hours.
  • Unlawful tip retention under the Labor Law. The Complaint alleges Defendants unlawfully kept the waiters tips by keeping a percentage of the tips paid for large parties.
  • Unlawful deductions under the Labor Law. The Complaint alleges Defendants made de facto deductions by not reimbursing them for any uniform-related expenses.
  • Failure to provide the Notice and Acknowledgement of Pay Rate and Payday under the Labor Law. The Complaint alleges Defendants failed to provide the waiters this Notice when they were hired at any point in their employment.

Case Status:

  • On October 12, 2018, the Complaint was filed.
  • On February 21, 2019, Plaintiffs requested leave from the Court to conditionally certify the collective action, allowing other waiters to join the case.

*This update is current as of February 28, 2018.

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