New York BBQ Restaurant Chain Being Sued
By bbqmaster on Nov 21, 2010 with Comments 0
Dallas BBQ stands out as the lastest eatery to be hit with a lawsuit around its pay procedures. The restaurant has been charged with failing to pay the proper overtime rate for its tipped workers.
While many wage and hour grievances in the restaurant business concentrate on employees who are not paid the minimum wage, not paid overtime wages or have their tips unlawfully distributed to management, this particular complaint, filed in U.S. Southern District of New York, is focusing on a obscure law, known as the spread-of-hours pay. This entitles tipped workers to an added hour’s pay at the full minimum wage for each day in which their shift lasts greater than 10 hours.
An previously employed server, Candy Eric Carino, who worked for the Dallas BBQ at 166 Broadway in Manhattan, states he had not been properly compensated by the restaurant chain, which has 8 restaurants in New York City. Mr. Carino left the company in October.
Mr. Carinohas retained the law services of Louis Pechman of Berke-Weiss & Pechman, who introduced Waiterpay.com in October, an internet site centered on restaurant labor law and the top infractions. Mr. Pechman represented waiters who sued the well-known mafia hangout Sparks Steak House over tip-sharing problems and received a $3.5 million settlement for his clients. His agency also has lawsuits pending against Bobby Van’s Steak House, Hooters of Long Island, Nello, Barbetta along with other New York companies.
Mr. Pechman is planning to certify the Dallas BBQ complaint as class-action, that would include about 500 former and current workers spanning the past six years.
Greg Wetanson, co-owner as well as president of Dallas BBQ, said “We pay everyone in complete accordance to the law,” and referred to Mr. Carino as a “disgruntled employee.” He refused to comment further on the case.
Mr. Wetanson added how the company was founded by his father and is thriving. “We are growing; we have no investors, no debt and we own and operate the restaurants ourselves.”
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Filed Under: BBQ Restaurants • Featured
