McFadden's Sued Over FLSA Wage Violations

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The operating company and owner of McFadden’s, a New York City bar and restaurant, have been hit with a class action lawsuit citing violations of the Fair Labor Standards Act (FLSA). Filed in New York by a former barback, the lawsuit alleges the defendants failed to pay time-and-a-half overtime wages, the required minimum wage, and state-mandated spread-of-hours pay. The plaintiff says he spent several hours each workday doing non-tipped tasks, such as cleaning the entire business, restocking refrigerators and counting the liquor inventory. The defendants, the suit says, compensated the plaintiff at a rate lower than the state and federally outlined tip-credit rate, which they were not entitled to do because his non-tipped duties reportedly exceeded two hours per workday.