FLSA Class Action Alleging Minimum Wage and Overtime Violations By 12 Current and Former Employees of Restaurant Dismissed
Nov 13, 2014OUTCOME: Dismissed
Class and collective action brought in federal court by 12 current and former employees of our client, an owner of two restaurants in Manhattan, alleging that the restaurants and their operators withhe ... ld overtime pay, minimum wages, and tips, was dismissed with prejudice by Judge Thomas Griesa in the Southern District of New York in finding that plaintiffs had failed to adequately plead violations of the Fair Labor Standards Act under recent 2nd Circuit decisions. Moreover, the tip appropriation claims under New York Labor Law were dismissed because plaintiffs could not allege that they were eligible to receive tips. Finally, plaintiffs’ FLSA claims were also dismissed because they were time-barred by the Statute of Limitations and because most plaintiffs lacked standing to sue since they did not adequately allege that defendants were their employer.
