A former Soho Cafe & Grill employee has filed suit against the restaurants’ owners and operators over alleged labor law infractions. The plaintiff says she worked at the defendants’ two Brooklyn locations as a cashier and phone operator between June 2013 and May 2018. Despite being paid at a tip-credited rate, the woman claims the defendant withheld half of her tips and never notified her that they would be applying a tip credit to her wages – alleged violations of the Fair Labor Standards Act’s tip credit provisions.
Further, the lawsuit argues that the plaintiff worked anywhere between 44 and 105 hours per week throughout her employment but never received premium overtime wages for the hours she worked over 40 each week or an extra hour’s pay when she put in more than 10 hours per day.
The case takes further issue with the defendants’ supposed practice of denying employees required wage statements and notices they should have received per state law.