Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Most Americans equate the name Wolfgang Puck with gourmet fare, and with good reason. The chef has built an empire based on quality ingredients, innovative menus and the ability to turn any meal (even in an airport) into a grand affair. However, Kristin Noriega has filed a wage and hour lawsuit claiming that federal labor laws were broken.
According to labor laws, some employees deserve to pocket the “service charge” that’s often seen on catering and restaurant bills. As a diner, you’re probably used to the requisite 20-percent service charge that’s automatically added to larger orders. In the world of catering, it’s no surprise that these automatic charges are par for the course. Noriega claims, however, that Wolfgang Puck and/or the managers failed to distribute the tips, allegedly pocketing the money instead. As servers, waiters, bar backs, bartenders and others are the foundation of the service industry, these professionals rely on tips and service charges as their bread and butter.
Wage and hour lawsuits can include claims such as this as well as failure to comply with overtime laws, Fair Labor Standards Act (FLSA) overtime, and federal overtime laws to name just a few. In the Wolfgang Puck lawsuit, it’s stated that two former bartenders who worked at the catering service located at the Gramercy Theatre and Irving Plaza “never saw a penny” from the service charges. They claim that they also worked overtime and never received compensation from the multi-millionaire.
The two downtown locations are full of employees who depend on those service charges to make their living—and in many cases, simply to make ends meet. The bartenders want to hold Puck accountable for his actions, stating in their wage and hour lawsuit that he showcased “pervasive and repeated disregard of federal and New York State labor laws.” Puck is one of many chefs/restaurateurs who are facing such allegations.
According to the Wolfgang Puck lawsuit, the chef had agreed to a 2008 deal with Live Nation to offer bar services at the Manhattan locations. The deal included “minimal food offerings such as hot pretzels,” but the amount of food in question doesn’t matter. As one of the top chefs in the country, fans flock to Puck’s restaurants and are used to being treated to the best in service.
That’s exactly what these bartenders claim to have provided, and yet they allege they didn’t receive the full compensation they worked so hard for. “The venues frequently have more than one, and as many as three events, in a 24-hour period,” notes the wage and hour lawsuit.
Long Hours, Little Pay
Noriega and the other bartender, Oliver Gummert, claim that they worked up to 70 hours every week, but did not receive the required time and a half pay for the hours over 40. They claim that sometimes they didn’t get paid at all—not even their regular hourly wage. Along with Puck’s parent company, Compass Group USA, Puck says it’s his company policy to add a 20 percent service charge to all events in order to abide by labor laws.
“Customers are told that the service charge is a tip for the class. In reality, none of the service charge had ever been paid to the class,” reads the service fee lawsuit. Back in 2011, Puck’s company had already been warned that the fee should be changed to an “administrative charge” in order to legally avoid paying requisite tips, but that reportedly never happened.
Do You Have a Wage and Hour Claim?
If you work for any restaurant or in the service industry and believe you’re the victim of unfollowed labor laws, you might qualify for a wage and hour legal claim. Learn more when you visit the Service Charge, Wage & Hour Class Action Lawsuit Investigation today. Once you submit your information, an attorney will contact you if you have a case for a free wage and hour legal claim.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.