Landmark Decisions for Waiters’ Rights in Batali and Pier Sixty Cases

On September 13, New York federal court Magistrate Judge Ronald L. Ellis approved a $5.25 million dollar settlement between current and former tipped service workers and Mario Batali’s eight New York City restaurants: Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and Tarry Lodge.  The following day, September 14, New York federal court judge Paul A. Engelmayer gave final approval to an $8.5 million settlement agreement between Pier Sixty, a premier banquet hall in New York City, and current and former workers of the catering hall for alleged unfair wage practices and other violations of waiters’ rights.

The Batali lawsuit, which was filed in 2010, alleged that the Batali restaurants violated the Fair Labor Standards Act and the New York Labor Law by: (1) unlawfully deducting the equivalent of four to five percent of each shift’s wine or alcoholic beverage sales from the tip pool; (2) unlawfully taking a “tip credit” and paying the waitstaff less than the minimum wage; and (3) failing to pay employees spread-of-hours pay when they worked more than ten hours in a day. 

The Batali Settlement creates a fund of $5,250,000 for approximately 1,100 class members.  The eligible employees consist of all individuals who worked at the restaurants as captains, servers, waiters, waitresses, bussers, runners, back waiters, bartenders, and/or barbacks from July 22, 2004 to February 14, 2012.  The Batali restaurant workers will receive a proportional share of the Settlement based on the number of hours they worked, the restaurant at which they worked, and the percentage of total tips received during their employment.

The Pier Sixty Complaint, which was filed in 2008, alleged that the banquet facility misappropriated gratuities when it charged its customers a 20-22% service charge but failed to distribute the service charge monies in full to its waitstaff.  The lawsuit also alleged that the banquet hall failed to pay its workers overtime pay as required under the law.  The Pier Sixty Settlement Agreement creates a fund of $8,500,000 for approximately 2,300 class members who were banquet servers any time between November 25, 2002 and February 24, 2012. 

The Batali settlement of $5.25 million is a record for a multiple restaurant case in New York.  The $8.5 million settlement in the Pier Sixty case is the largest payment to date of any reported wage and hour lawsuit in the New York hospitality industry.  The record for a single restaurant settlement in New York is $3.15 million for the 2009 settlement involving Sparks Steakhouse.

Views: 67

Comment

You need to be a member of FohBoh to add comments!

Join FohBoh


Non-Operator
Comment by Paul Paz on September 21, 2012 at 11:55pm

:-)

Advertisments

 

DEPARTMENTS

Social Wine Club for Craft Wineries

Smartbrief

GrubHub: Hotel guests rely more on local restaurants

Online orders from hotel guests jumped 125% over the past three years, as travelers cut spending on room service and opted fo -More

GHIRARDELLI® — Premium, Indulgent, Versatile
81% of consumers prefer to order products Made With Ghirardelli ingredients and 72% will pay more for them. For samples, recipes or to consult with one of our chocolate experts visit www.ghirardelli.com/foodservice.

Tweet this: What did your #FirstJob teach you?

Team work, multitasking and customer service are among the lessons restaurant employees learn early on.  -More

Many contenders are seeking to become a breakfast champion

Yum Brands, Burger King and others see big potential for growth and profit in breakfast as consumers move away from cereal, b -More

JOBS & CAREERS

Posting a job or finding a job starts here at FohBoh. Call us about special $50 posting packages to syndicate across all major jobs boards.

National News

National Restaurant Association Applauds Workforce Innovation and Opportunity Act

Today the National Restaurant Association (NRA) praised federal leaders’ commitment to workforce training programs through the Workforce Innovation and Opportunity Act. NRA’s Executive Vice President of Policy and Government Affairs, Scott DeFife, issued the following statement of support:

Restaurant Trends - Growing And Emerging Concepts - Change and Activity July 22, 2014

Update from Restaurantchains.net on growing and emerging restaurant concepts

Tropical Smoothie Café Commits $20 Million for Franchisee Financing

Tropical Smoothie Café, with the backing of private equity firm BIP Capital, has launched a financing program to help existing franchisees open additional restaurants nationwide by providing up to $20 million in loans.

Domino's Pizza Announces Second Quarter 2014 Financial Results

Domino's Pizza, Inc. (NYSE: DPZ) announced results for the second quarter of 2014, comprised of strong growth in both same store sales and global store counts, which resulted in 17.5% EPS growth, or 67 cents per share.

CROWD FUNDING

If you are looking for capital to start or grow your restaurant, create the next 501c3, develop and launch the next app for the restaurant industry,or want to help your peers in some meaningful way, we want to know about it.

TED TALKS VIDEO

TED: Ze Frank: Are you human? - Ze Frank (2014)

Have you ever wondered: Am I a human being? Ze Frank suggests a series of simple questions that will determine this. Please relax and follow the prompts. Let's begin …

TED: Heather Barnett: What humans can learn from semi-intelligent slime - Heather Barnett (2014)

Inspired by biological design and self-organizing systems, artist Heather Barnett co-creates with physarum polycephalum, a eukaryotic microorganism that lives in cool, moist areas. What can people learn from the semi-intelligent slime mold? Watch this talk to find out.

TED: Shih Chieh Huang: Sculptures that’d be at home in the deep sea - Shih Chieh Huang (2014)

When he was young, artist Shih Chieh Huang loved taking toys apart and perusing the aisles of night markets in Taiwan for unexpected objects. Today, this TED Fellow creates madcap sculptures that seem to have a life of their own—with eyes that blink, tentacles that unfurl and parts that light up like bioluminescent sea creatures.

TED: Nikolai Begg: A tool to fix one of the most dangerous moments in surgery - Nikolai Begg (2013)

Surgeons are required every day to puncture human skin before procedures — with the risk of damaging what's on the other side. In a fascinating talk, find out how mechanical engineer Nikolai Begg is using physics to update an important medical device, called the trocar, and improve one of the most dangerous moments in many common surgeries.

© 2014   Created by FohBoh.

Badges  |  Report an Issue  |  Terms of Service