Mendez v. Marina Cafe

  • Posted on: Jan 22 2018
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On December 15, 2017, Nicholas Mendez filed a putative class and collective action Complaint against Great Kills Marina Café, Inc., Joseph Labriola, Robert Parascandola and Rosemary Saldino in the U.S. District Court for the Eastern District of New York, which is assigned case number 1:17:cv-7323

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 December 15, 2011.

Claims In The Lawsuit:

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

  1. Unpaid minimum wage under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“Labor Law”). The Complaint alleges the waiters effective hourly rate was below the statutory minimum wage. The Complaint further alleges Defendants unlawfully claimed a tip credit against the minimum wage and are therefore required to pay the waiters at the minimum wage.
  2. Off the clock work under the FLSA and Labor Law. The Complaint alleges Defendants failed to pay the waiters for every hour worked, but rather paid them only 5 hours per shift with a maximum of 35 hours per week.
  3. Unpaid overtime under FLSA and Labor Law. The Complaint alleges Defendants failed to pay waiters overtime premium pay for any hour worked above forty in a week.
  4. 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.
  5. 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.
  6. Unlawful deductions under the Labor Law. The Complaint alleges Defendants unlawfully deducted from the waiters pay the cost of any meals customers did not pay.
  7. 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 December 15, 2017, the Complaint was filed.

*This update is current as of January 21, 2018.

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