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New Collective Action filed Against Popular New York City Restaurant

James Stress, Paul Shreve, Donald Shorter, and Jonathan Taylor v. 42nd Street Kitchen LLC., et al., Case No. 15-cv-03635

On May 7, 2015, Lead Plaintiffs James Stress, Paul Shreve, Donald Shorter, and Jonathan Taylor, individually and on behalf of themselves and those similarly situated filed a class and collective action lawsuit in United States District Court – Southern District of New York vs. 42nd Street Kitchen LLC. d/b/a KTCHN, XL Dance Bar, and Anton Washington, a/k/a “Glen” Washington. Plaintiffs work/worked for Defendants, a restaurant, event space, and dance club, and its manager, as employees over the course of the last six years to the present. They allege that that they work over forty hours per week, however, Defendants continuously fail to pay them the proper minimum wage, at any rate of pay or the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that they work over forty hours per week as the New York Labor Law, New York Compensation Codes Rules and Regulations, and the Federal Fair Labor Standards Act require. Defendants also retained portions of Plaintiffs’ gratuities in violation of the New York Labor Law and New York Compensation Codes Rules and Regulations. In addition, Defendants fail to furnish Plaintiffs with accurate wage statements on each payday or with proper wage notices at the time of hire and on an annual basis as required by the New York Labor Law.

Making matters significantly worse, Plaintiffs allege that Defendant Hameed subjects them to egregious and relentless sexual orientation and gender discrimination in the form of hostile work environment. Plaintiffs also allege that Defendants instituted a policy discriminating against non-traditional males which led to the discharge of one or more of their employment.

If any person worked for any Defendant named in the lawsuit during the time period of May 7, 2008 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible: (516) 248–5550, (516) ABOGADO, and/or (212) 679–5000.

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