Four New York Restaurants Hit with FLSA Class Action

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Ethos Gallery, Kyma, Pathos Café, the BBG and their owners have been named as defendants in a class action filed by former waiters, busers and runners who say their employers violated the Fair Labor Standards Act (FLSA). Filed in New York, the suit alleges the restaurants, which functioned collectively as joint employers of the plaintiffs, and their operators denied workers the minimum wage and proper overtime pay. Case documents say the defendants set up a tip pool for servers, bussers and runners, but that not all of the funds were distributed among the workers. In addition to allegations of FLSA wage violations, the class action claims the defendants failed to pay “spread of hours” premiums, keep accurate wage statements and provide workers with meal and rest breaks.