What is this lawsuit about?

On January 2, 2023, a lawsuit was filed against Defendants in the Supreme Court of New York, New York County, on behalf of Named Plaintiff Olaf Malcher and the Class Members. The lawsuit asserts three causes of action. First, it asserts Defendants failed to pay their bartenders the minimum wage because when the total amount Defendants pay per show (i.e. the flat fee per show) is divided by the total number of hours worked per week, Defendants were paying their bartenders below the minimum wage. Second, it asserts Defendants unlawfully withheld gratuities owed to their bartenders. Third, it asserts Defendants failed to provide their bartenders with accurate wage statements on paydays.

The lawsuit is captioned Olaf Malcher v. Theatre Refreshment Co. of New York and Lenny Lowengrub, New York Supreme Court, New York County, Index No.: 150046/2023

What are we asking for?

Plaintiff is seeking under the Labor Law to recover from Defendants all wages and penalties permitted under the law since January 2, 2017. Plaintiff is also seeking to recover costs and attorneys’ fees. Plaintiff is not seeking liquidated damages in this class action.

Who does the case involve?

The lawsuit was brought as potential class action for all individuals who have worked for Defendants as a bartender in New York at any time from January 2, 2017 to the present.

Status of the case:

• January 2, 2023: Plaintiff filed the lawsuit in New York Supreme Court, New York County
• On February 27, 2024, the Court granted Plaintiff’s motion for class certification, certifying a class that consists of anyone who worked for Defendants as a bartender at any time since January 2, 2017
• Discovery is ongoing. The Court has not yet decided who is right.

Who are the attorneys representing the Plaintiff and class members?

Douglas B. Lipsky, Esq.

 

LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, New York 10170-1830
Phone: 212.392.4772
Fax: 212.444.1030
Email: doug@lipskylowe.com