On September 8, 2008, Outten & Golden filed a class action lawsuit against 230 Fifth Avenue, an upscale restaurant, bar, and party venue that has the distinction of being New York City’s largest rooftop bar. The plaintiffs allege that 230 Fifth Avenue withheld from workers mandatory tips or “service charges” collected from customers who were contracting with the restaurant for private parties and functions. The plaintiffs also allege that 230 Fifth Avenue failed to pay workers the minimum wage as well as overtime compensation for all hours worked over 40 per week, required employees to work off the clock without pay, and failed to keep accurate records of all hours employees worked. Servers, runners, bussers, bartenders, barbacks, and cocktail waitresses who worked at 230 Fifth Avenue may be eligible to be part of the lawsuit.
Outten & Golden LLP is currently investigating reports of similar practices at other New York City restaurants.
Please email Justin M. Swartz or call (212) 245-1000 for more information.
(*Prior results do not guarantee a similar outcome.)