On Friday, six employees filed a class action lawsuit in the Southern District of New York against The Halal Guys, Inc., and related individuals and franchisee entities alleging violations of the Fair Labor Standards Act (FLSA).
According to the complaint, The Halal Guys, Inc., All 53 Sw Inc., Night 53 Se Inc., and Altawhid Food Supply Inc. are New York corporations with a principal place of business in Astoria, New York, and The Halal Guys Franchise Inc. is a New Jersey corporation registered to do business in New York. The complaint states that the corporate defendants operate as a joint enterprise with unified operation and common control of a global enterprise with over 400 restaurant developments serving American Halal food throughout New York City and around the world.
The complaint purports that the plaintiffs were employed by the corporate defendants and are considered non-exempt under the FLSA. The plaintiffs allege the defendants paid the plaintiffs a flat rate for each day worked regardless of the number of hours worked.
The plaintiffs argue they regularly worked as many as sixty hours or more per week and were never paid at the overtime rate by the defendants for time worked in excess of forty hours per week. The plaintiffs argue this is in clear violation of the FLSA and New York Labor Law.
Additionally, the plaintiffs argue that the defendants violated the FLSA and New York Labor Law by failing to keep accurate and sufficient time records, retaining and deducting tips and gratuities and posting notices explaining the rights of employees under the FLSA and New York Labor Law.
The plaintiffs seek class certification, an award of unpaid compensation, statutory damages, pre- and post-judgment interest, attorney’s fees and costs for the defendants’ alleged violation of the FLSA, New York Labor Law and illegal tip deductions. The plaintiffs are represented by Harrison, Harrison & Associates, LTD.
