NEW YORK The restaurant operating company of celebrity chef Bobby Flay has been accused of violating federal and state labor laws regarding employee tips, withheld overtime pay and other compensation practices.
Law firm Outten & Golden LLP said Friday that it has filed a lawsuit in federal court in New York against Bold Food LLC, the operator of Flay’s restaurant concepts Bar Americain in New York, Mesa Grill in New York and Las Vegas, and Bobby Flay Steak at the Borgata hotel in Atlantic City, N.J.
The plaintiffs include current and former employees Patrick deMunecas, Kevin McIntyre, Carmen Costanzo and two others who declined to be named. The suit is seeking class-action status and is looking to recover minimum wages, overtime compensation and misappropriated tips and gratuities.
Aspokesman for Bold Food said Friday the company would not comment on the pending litigation.
According to the law firm’s statement, the complaint accuses Flay’s company of engaging in improper tip-pooling practices and failing to properly distribute mandatory gratuities that it charged private party customers. In addition, the complaint alleges that Bold Food redistributed portions of employees’ tips to non-tip-eligible employees, did not pay proper overtime wages to employees and failed to reimburse employees for expenses related to the purchase and laundering of uniforms.
The suit also accuses Bar Americain of engaging in unlawful retaliation when it allegedly suspended one of the plaintiffs after he had questioned the restaurant’s tip pooling practices, Outten & Golden said.
In recent months, New York-based Outten & Golden has been involved in wage-and-hour lawsuits against such restaurant companies as Asia Five Eight LLC, parent of Tao Asian Bistro restaurant, and Craft Worldwide Holdings, the restaurant company owned by celebrity chef Tom Colicchio.
