The Broken Yolk, Inc. and two individual owners are facing a proposed collective action filed by a former employee who claims they failed to pay her proper minimum and overtime wages in violation of the Fair Labor Standards Act (FLSA). The defendants own and operate a restaurant known as The Broken Yolk Café, at which the plaintiff was employed as a server and kitchen worker, according to the suit. She alleges that the defendants illegally claimed a tip credit from her pay and that she should have been paid the full minimum wage instead. She says she was never notified of the tip credit and claims that the defendants unlawfully deducted portions of her tips and retained some of the money for themselves.
The suit further alleges that the plaintiff worked more than 55 hours per week and was not paid time-and-a-half overtime wages for the hours she worked above 40. She claims that the defendants required her to work in the kitchen and paid her a flat rate in cash for those hours, but that they failed to account for the extra kitchen hours in her paystubs and overtime calculations.