For an Initial Consultation, call (917) 371-8000

Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

steven mitchell sack

Possible Settlement in Unpaid Overtime Case

In November 2014, employees of Alice’s Tea Cup LLC, a Manhattan café chain alleged that during their employment, they were not paid overtime for days when they worked more than 10 hours. Alice’s Tea Cup has three locations in New York City.

The Fair Labor Standards ACT (FLSA) is federal legislation that allows individuals to be entitled to minimum wage.  In addition, a person is entitled to overtime pay that is not less than time and a half of their regular rate of pay for any work over 40 hours per week.

In May 2015, the owners of the Café, Zhariff Melgoza and Haley Fox filed discovery requests demanding that the workers produce documents to verify their current immigration status and other supporting documentation.

In July, Judge James Francis granted the plaintiffs protective order from the Café’s request for discovery.  He said that their immigration status or financial records were irrelevant to their and New York labor law claims (NYLL).  Also, the risk of injury to the plaintiffs outweighed the need for disclosure “because the danger of intimidation and undermining the purposes of the FLSA.”

This case was initially scheduled to go to trial on December 5th in New York federal court.  However, after months of negotiation and mediation over the unpaid overtime, attorneys for Alice’s Tea Cup and the employees suing, asked Judge Francis to approve a $200,000 settlement.  Both sides believe the deal is reasonable and fair.

According to Law360, the settlement provides that within eight days of the courts approval, the café will pay $75,000 to eight plaintiffs for various amounts.  Four of those plaintiffs will receive thirty-five monthly installments of the remaining $125,000 over the next three years.  Three of the plaintiffs instructed counsel to dismiss their claims with prejudice, which resolves claims that Alice’s Tea Cup did not pay proper overtime wages.

The FLSA requires that an employer pay overtime wages. If you believe that you have not been properly compensated as an employee, contact an experienced New York Employment Attorney. Contact Steven Mitchell Sack at (917) 371-8000.

    If you have experienced any of the below, fill out the form to the right to set up your FREE PHONE CONSULTATION:























    What’s Happening at The Law Offices of Steven Mitchell Sack

    new york lawyer
    new york lawyer awards
    new york lawyer blog

    Our Reviews and Client Feedback

    I reached out to Steven and he called me back right away. I would say one of the best things about working with him is that he is clear, acts quickly and provides advice that calms anxiety and drives results. He is knowledgeable and approaches the situation with care and respect for all parties. Thanks for your support Steven.
    Response from the owner:Your review is deeply appreciated. Please feel free to reach out again for any future employment law issues you may be dealing with.
    Thank you Steven for all of your help. I am truly thankful.
    Response from the owner:Your review is very much appreciated, Jeff. I am always available to speak if you ever need help with a labor or employment law matter.
    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    Response from the owner:Glad to have been of assistance, Sean. I am always available to help if you ever need assistance with an employment law issue.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
    js_loader

    Testimonials

    Read More

    Skip to content