Wisdom v. Red Crab Long Island Inc., and Joyce Wang, individually, Civil Case No.:21-cv-1375

New Action filed in the Eastern District of New York

Wisdom v. Red Crab Long Island Inc., and Joyce Wang, individually, Civil Case No.:21-cv-1375 

On March 15, 2021, Plaintiff Wisdom filed a lawsuit in the Eastern District of New York against RED CRAB LONG ISLAND INC. (“Red Crab”), and JOYCE WANG, individually (“Wang”, together where appropriate, as “Defendants”) alleging upon knowledge as to herself and her own actions and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendants – – a Nassau County restaurant and one of its owners/ its day-to-day overseer – – as a bartender from August 11, 2019 until March 9, 2020.  As described below, throughout Plaintiff’s employment, Defendants failed to pay her the overtime wages lawfully due to her under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) and the minimum wages due under the NYLL.  Specifically, Defendants routinely required Plaintiff to work beyond forty hours in a workweek but paid her straight-time rate of pay – – which fell below New York’s minimum wage for most of her employment – – for all hours worked, and thus failed to pay Plaintiff at the rate of one and one-half times her regular rate, or one and one-half times the minimum wage rate, if greater, for any of the hours that Plaintiff worked in a week in excess of forty.  Defendants further violated the NYLL and the N.Y. Comp. Codes. R. & Regs. (“NYCRR”). by failing to provide Plaintiff with: spread-of-hours pay during many occasions when her workday exceeded ten hours from start to finish, and even on those occasions when they did provide Plaintiff with spread-of-hours pay, failing to do so at the correct minimum wage rate; an accurate wage statement on each payday; and any wage notice at her time of hire, let alone an accurate one, and let alone one that set forth Defendant’s intention to claim a tip credit against Plaintiff’s wages.  Defendants paid and treated all of their non-managerial front-of-the-house employees – – such as bartenders, bar backs, wait staff, and food runners – – in this same manner.

Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provision of the FLSA, 29 U.S.C. § 216(b), on behalf of herself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendant’s violations of the FLSA.  Plaintiff brought her claims under the New York law on behalf of herself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opts-in to this action.  Plaintiff also brought this lawsuit as a class action pursuant to Federal Rule of Civil Procedure (“FRCP”) 23, on behalf of herself, individually, and on behalf of all other persons similarly-situated during the applicable NYLL limitations period who suffered damages as a result of Defendant’s violations of the NYLL and the supporting New York State Department of Labor regulations.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.