Conditional Cert. Granted In Japonais FLSA Action

Law360, New York (September 23, 2009, 3:34 PM EDT) -- A federal judge has granted conditional certification to a group of restaurant servers in a collective action accusing Geisha NYC LLC, the company that operates New York restaurant Japonais, of paying less than minimum wage by withholding tips.

Nine servers have thus far opted into the class, which accuses Geisha of violating the Fair Labor Standards Act by including managers in the restaurant's tip pool, resulting in servers being paid less than minimum wage, according to a complaint lodged in February in the U.S. District Court...
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