Mina Joo and Samantha Young Ai Kim, servers at Frank and Supper, filed a class-action lawsuit this morning against the restaurants’ owner, Frank Prisinzano. Read the complaint below and you’ll see it looks pretty much like every other one attorney Maimon Kirschenbaum has brought against a restaurant, but Kirschenbaum tells us this one is particularly egregious, since besides alleging that they didn’t receive minimum wage or overtime, the servers also say they never received a wage at all. Instead, says Kirschenbaum, they were paid in tips that are said to have been illegally shared with the kitchen, bar, busboy, and other employees. On an end-of-night tip report, 5 percent of the pooled tips, Kirschenbaum says, were allocated to a mysterious recipient thought to be the manager or even Prisinzano himself.
Joo worked for Prisinzano for four and a half years — her colleague only served for a couple of months before taking the matter to court. Kirschenbaum says he doesn’t know whether they accepted their jobs knowing they wouldn’t receiver a wage, or whether they ever complained. Though they are currently the only plaintiffs, Kirschenbaum says he has spoken to several employees who say the practice occurs across Supper, Frank, and Lil’ Frankie’s. We left a message at Supper asking Prisinzano for comment and are still waiting to hear back. Meanwhile, Kirschenbaum has also filed a minimum-wage lawsuit against Matsuri and its operators, Sean MacPherson and Eric Goode. There again, servers claim the manager was in the tip pool. That complaint is also below.