Although the matter of overtime would appear to be a fairly cut-and-dried issue, it is surprising how many employees and employers disagree on the topic. Most recently, a former bartender of the famous P. J. Clarke’s in New York City has filed a class action lawsuit against the restaurant for allegedly requiring him to work overtime without paying him overtime hours.
According to the former bartender, Michael Nielsen, the class could consist of hundreds of current and former employees of the restaurant, all of whom were subject to the same unfair treatment. Allegedly, this includes unfairly deducting meal costs and forcing employees to over-report tips in order to avoid an IRS audit.
Nielsen worked for P. J. Clarke’s for five years and claims that his Saturdays began with a 7-hour shift at the 128-year-old bar and then raced across town for a 9-hour shift at the spin-off location in Lincoln Square. He says he regularly worked over 60 hours per week and was never paid overtime for it. Nielsen says he has been a bartender for more than two decades and has “never seen anything like this”.
P. J. Clarke’s denies any wrongdoing, saying that Nielsen is a disgruntled employee who was fired for failing to regularly report his tips. Phil Scott, the owner, said they can bring up Nielsen’s sales and how much he declared and “it will become obvious”.
The attorneys at the Chicago Overtime Law Center are investigating tip pool claims against Starbucks and other restaurant chains. If you are the victim this practice call us at (312) 869-4095 or contact us online.
The lawyers at the Chicago Overtime Law Center have decades of experience fighting for wage earner’s rights. We have a team of overtime attorneys who focus on nationwide class action lawsuits and work out of Chicago and Oak Brook offices. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Kane and Cook Counties. Our Joliet and Rockford overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages. The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago wage and hour attorney by phone at (312) 869-4095 or through our online form.