In this lawsuit a former banquet server for private events at Pulse Restaurant in New York City is alleging that during her time as an employee she was routinely underpaid for total hours worked, denied gratuity amounts to which she was entitled and was not provided with accurate wage statements as required by law.
Defendant 1285 Bakery, Inc. is a New York Corporation that owns and operates a private event business at Pulse Restaurant in New York City. The defendant company has an annual gross volume in excess of $500,000, and is owned by Nicholas Castigliano, who also has authority to hire and fire employees at the facility. Castigliano also has authority over matters of employee scheduling, discipline, payroll issues and record-keeping at the restaurant.
According to the complaint, plaintiff Ginger Masoud was employed sporadically as a banquet server by Pulse Restaurant at Rockefeller Center from mid-2013 to early 2015. The plaintiff alleges that over the course of her employment by 1285 Bakery, Inc., d/b/a/ Pulse Restaurant, she was often not paid for her true hours worked, was never informed exactlay how she would be compensated for work performed, did not receive accurate accountings of wages and hours worked and did not receive the overtime premium for working more than 40 hours in a week or New York's "spread of hours" premium for working days longer than 10 hours. Gratuities routinely went unpaid despite the fact that the defendant charged 20% service charges to private event customers.
As a result of her experience as an employee working at Pulse Restaurant, the plaintiff is alleging overtime violations of the federal Fair Labor Standards Act, violation of the New York Minimum Wage Act, illegal deductions of gratuities under the New York Labor Law, violations of the New York Labor Law's Spread of Hours Provisions and violations of the New York notice requirements under its Labor Law.
Plaintiff seeks to have this lawsuit designated as a collective action and federal class action and to be appointed representative of the class of similarly situated individuals. She is also pursuing damages, including liquidated damages, penalties provided by law, attorney fees and interest.Lawsuit