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McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

cocktail loungeNew Class and Collective Action filed in the Eastern District of New York

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually,
Civil Case No.: 19-cv-00599

On January 30, 2019, Plaintiff Ms. McPherson, on behalf of herself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Eastern District of New York against TROPICAL FANTASY BAR & LOUNGE INC. (“Tropical Fantasy”), and MUKESH PERSAUD, individually, (together as “Defendants”), alleging upon knowledge as to herself and her own actions and upon information and belief as follows:

Ms. McPherson worked for Defendants - - a Queens bar and restaurant and its owner and day-to-day overseer - - as a bartender and waitress from September 2015 to September 2017. As a bartender and waitress, Plaintiff’s main duties consisted of serving alcoholic beverages and waiting tables. Throughout her employment, Defendants required Plaintiff to work seven days per week, starting her workday at 8:00 p.m. and working until approximately 4:00 a.m., without permitting her to take scheduled or uninterrupted breaks. By approximation, throughout her employment, Defendants required Plaintiff to work, and the Plaintiff did routinely work, fifty-six hours per week. For her work, Defendants paid Plaintiff at the flat rate of either $15.00 or $20.00 per day, which generally totaled between $105.00 and $140.00 per week. Thus, Defendants paid Plaintiff between $1.87 and $2.50 per hour and therefore did not pay her at least at the minimum wage rate for all hours worked. Defendants paid the Plaintiff in cash on a weekly basis.

Defendants willfully failed to pay Plaintiff the wages lawfully due to her under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, Defendants routinely required Plaintiff to work, and Plaintiff did in fact work, beyond forty hours in a workweek but paid her a flat daily rate for each day worked regardless of how many hours that she worked per day or per week, and thus failed to compensate her at the statutorily-required overtime rate for any hours that she worked per week in excess of forty, in violation of the FLSA’s and the NYLL’s overtime provisions. Defendants further failed to compensate Plaintiff at least at the statutorily required minimum wage rate for all hours that she worked each week under the FLSA or the NYLL.

Defendants paid and treated all their bartenders and waitresses in this same manner. Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of herself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through our website or by phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.

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