Energy Kitchen Lawsuit

Stamped Complaint – Hernandez v. Energy Kitchen, Inc., et al – 13 cv 6978 (LGS)(GWG)_REDUCED SIZE

On October 2, 2013, Fitapelli & Schaffer, LLP filed a complaint in U.S. District Court on behalf of cooks, delivery workers, kitchen workers, counter servers, helpers, and dishwashers (collectively the “Employees”) at any Energy Kitchen Restaurant in New York. This class action lawsuit seeks to recover damages for unpaid minimum wages, overtime pay, spread-of-hours pay, unlawful deductions, and uniform-related expenses.

The Employees at Energy Kitchen allege that Energy Kitchen failed to pay them the proper minimum wage rate for hours they worked. Specifically, Energy Kitchen failed to satisfy the “tip credit” requirements in order for them to pay tipped employees a reduced hourly rate; required tipped employees to perform non-tip producing duties (i.e., cutting vegetables; preparing food; and washing dishes) in excess of 20% of their shift; and made unlawful deductions from their pay for mistakes and bicycle-related expenses. Also, the Employees allege that they consistently worked over 40 hours per week and were not compensated the correct overtime pay rate. Furthermore, Energy Kitchen failed to pay the Employees one additional hour pay at the minimum wage rate for shifts spanning 10 or more hours. Additionally, Energy Kitchen required the Employees to wear uniforms which they failed to launder and/or maintain or pay the Employees the required weekly amount for uniform maintenance in addition to the required minimum wage. Finally, the Employees who needed additional uniforms were required to purchase these items at their own expense.

We are seeking to represent all cooks, delivery workers, kitchen workers, counter servers, helpers, and dishwashers employed by any Energy Kitchen in New York within the past six years. Eligible employees should call us, (212) 300-0375, to discuss joining the case, as there is a running statute of limitations.