Two more waiters have crumbled up their aprons and decided theyre not going to take it anymore. Maimon Kirschenbaum, the lawyer last seen suing Heartland Brewery for shaving time off punch-card records and failing to cough up overtime (he says ten servers are now onboard with the complaint including a former manager) is now going after both Radiante, which owns City Hall (according to the suit, six-year server Mohammed Uddin was paid straight time instead of overtime), and B.B. King Blues Club & Grill. Kirschenbaum filed the latter suit yesterday; as he has it, server Brandon Salus was singing the blues at B.B. Kings after walkouts were deducted from his paycheck, a violation of Section 193 of the New York Labor Law. In one instance a $240 dine-and-ditch allegedly reduced the servers weekly pay to $20.
A B.B. King Blues Club rep had no comment, but a current server at the club who didnt want to be named confirmed that waiters are routinely forced to pick up tabs as high as $300. Ironically, one colleague was charged $100 because a table walked out while he was chasing down another set of dashing diners. In such cases, our source said, waiters will informally chip in to help the person whose pay has been docked. They run the business very militantly, our informant said of his bosses. Thats why we have a high turnover rate. The place better hope Attorney Kirschenbaum doesnt get the numbers of all those disgruntled ex-employees. Though its apparently easy for diners to dodge steep bills, theres no fleeing justice.