The employer had apparently threatened to do so as retaliation for the plaintiff's wage-and-hour violation claim.
In Black v. Cakor Restaurant, Inc., decided Thursday by Judge Valerie Caproni (S.D.N.Y.), plaintiff, a bartender at restaurants owned by defendants, claimed that she was paid less than what employment law requires:
Plaintiff was "ostensibly employed as a tipped worker," but her non-tipped duties exceeded the lesser of 20% or two hours of each workday. Plaintiff further alleges that Defendants paid her and all other tipped employees at a rate lower than the required tip-credit rate. Plaintiff alleges that she consistently worked well over 40 hours per week and was paid a fixed salary of $600 per week from approximately March 2018 through September 2019, then $300 per week from November 2019 through April 2021. Plaintiff alleges that she was not required to keep track of the time she worked, and that Defendants did not keep track of the time Plaintiff worked.
Plaintiff sued, and claimed that at some point defendants started to "incessantly" call her and her husband, and also sent her husband a photograph and the text message, "Are you this person [in the screenshot] … I have taken out a video and have reported you to immigration, [Plaintiff] may have married you for money."
The court concluded that plaintiff adequately alleged that this was illegal retaliation under the federal Fair Labor Standards Act and the New York Labor Law; the "threat[] to report...
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