New Collective Action filed vs. Overtime 1st Ave Corp d/b/a Prime One 16

Joysel Lopez v. Overtime 1st Ave Corp, Case No. 15-00820

On February 4, 2015, Lead Plaintiff Joysel Lopez on behalf of himself and those similarly situated filed a class and collective action lawsuit in United States District Court – Southern District of New York vs. Overtime 1st Ave Corp d/b/a Prime One 16.  Mr. Lopez worked for Defendants as a as a server from in or around August 2014 to in or around November 2014.  Mr. Lopez alleges that the restaurant failed to properly pay their non-exempt services such as himself because the Restaurant did not notify the wait-staff that they utilized a tip credit as is statutorily required, the Restaurant unlawfully “tipped out” managers, and the Restaurant did not properly distribute tips as the New York Labor Law, and the Federal Fair Labor Standards Act require.  As a result, the Restaurant grossly underpaid its wait-staff, failing to pay them the proper minimum wage and proper overtime rate of pay for all hours worked over forty per week.   In addition, Defendants failed to provide the wait-staff with spread of hours pay for shifts longer than ten hours per day and failed to furnish Mr. Lopez with accurate wage statements on each payday, or with proper wage notices at the time or hire or on an annual basis as required by the New York Labor Law.

If any person worked for the companies named in the lawsuit during the time period of February 4, 2009 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com or www.516abodagado.com, or any of our phone numbers: (516) 248 – 5550, (516) ABOGADO, and (212) 679 – 5000.