Peter Lugar Steak House Sued for Wage and Hour Violations

April 11, 2013

In recent wage and hour news that Riverside, California employment attorney Vincent Howard has been following, four former waiters have filed a lawsuit against New York's popular restaurant Peter Luger Steak House, claiming that the famous steak restaurant violated provisions of the Fair Labor Standards Act (FLSA), including the proper payment minimum wage compensation and overtime.

According to the wage and hour lawsuit, starting in March 2007, the restaurant failed to compensate the waiters for the thirty minutes of preparation work that they performed before they started their shifts, and the thirty minutes of work they did after their shifts ended. The waiters also claimed that they often had to stay on the job for an extra hour, until the customers left, which frequently required them to work through their meal and rest breaks. The waiters' also allegedly received regular deductions of $20 from the daily tip pool to give to the kitchen workers, who were not part of the regular customer service staff. The lawsuit seeks class-action status, and alleges both New York State and federal labor law violations.

As Vincent Howard discussed in a previous Carson employment attorneys blog, under the FLSA, employers are required to compensate non-exempt employees with a minimum wage of $7.25 for all hours worked, with overtime compensation of one and one-half the individual's regular pay rate for hours worked beyond forty in a workweek.

For tipped employees, employers are required to pay at least $2.13 for each hour in direct wages, with the understanding that these wages plus the employee's tips total at least the federal minimum wage of $7.25 per hour. If the total amount of the employee tips combined with the amount of direct wages do not equal the federal minimum wage, the difference must be covered by the employer. Employers are also required by federal law to maintain accurate employee payroll and time records.

In a related Santa Ana employment lawyer blog post Vincent Howard reported that a chain of New York restaurants recently agreed to pay employees over $760,000 in back wages and damages after the U.S. Department of Labor found the restaurants responsible for violating the FLSA's minimum wage and overtime requirements.

For questions about your wage and hour dispute in Orange County, California, contact Vincent Howard today, at Howard Law, PC.

Former waiters sue Peter Luger Steak House over pay, Newsday.com, March 18, 2013

Related Web Resources:

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)

Department of Labor (DOL): Wage and Hour Division (WHD)

Related Blog Posts:

State and Federal Investigation Uncovers Massive Wage and Hour Violations in Downtown Los Angeles Garment Industry, California Employment Lawyers Blog, February 1, 2013

DOL Conducts Enforcement Initiative to Combat Wage and Hour Violations in the Los Angeles Fashion District, SoCal Garment Industry, California Employment Lawyers Blog, November 26, 2012

Tyson Workers to Receive $32M in Wage and Hour Settlement, California Employment Lawyers Blog, September 26, 2012

CA Labor Commissioner Sues Farm Labor Contractor for Wage and Hour Violations, California Employment Lawyers Blog, August 21, 2012

Courtney Love Sued for Wage and Hour Violations, Wrongful Termination, California Employment Lawyers Blog, July 19, 2012

CA Labor Commissioner and DIR Continue to Combat Wage Theft in the Workplace, California Employment Lawyers Blog, June 30, 2012

DOL Launches Los Angeles-area Restaurant Enforcement Initiative to Combat FLSA Violations, California Employment Lawyers Blog, May 3, 2012

Hotel Workers File Lawsuit Against Hotel Staffing Company for Wage and Hour Violations, California Employment Lawyers Blog, January 30, 2012

DOL Continues Long Island Wage and Hour Enforcement Initiative to Stop FLSA Violations, California Employment Lawyers Blog, December 3, 2011

DOL Recovers Over $2.3M in Wage and Hour Back Wages for 578 NY Restaurant Workers, California Employment Lawyer Blog, November 30, 2011

Hospitality Industry Continues to Violate Workers' Wage and Hour Rights, California Employment Lawyers Blog, April 18, 2011

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