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National Wage and Hour Clearinghouse

Downtown eatery accused of mistreating workers

Wednesday, January 13, 2010

Three current employees and one former staffer say B Bar and Grill failed to pay proper wages and overtime.

Not everything is “Goode” at one trendy restaurant downtown. Eric Goode's B Bar and Grill, a New York University student favorite known for its large outdoor patio, has been accused of violating the Fair Labor Standards Act and New York Labor Laws.

Several employees filed suit against the eatery at 40 E. 4th St. for failing to pay its workers accurate minimum wages, overtime and uniform-maintenance fees and, said Rachel Bein, an Outten & Golden attorney who is representing the plaintiffs.

The suit seeks to recover allegedly lost pay for all of the restaurant's employees who worked there since 2004.

New York labor laws state that if a restaurant takes a cut of workers' tips, employees should be paid a minimum wage of $7.25 per hour, rather than the tip-minimum wage, which can be as low as $4.65, according to state minimum wage laws.

The restaurant has also been accused of violating the “spread-of-hours pay,” which, according to the New York state Department of Labor, states that when an employee's spread of hours is greater than 10 hours in one day, he or she must be paid one additional hour at minimum wage.
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