The owner and operators of 15 Church, a popular restaurant in Saratoga Springs, is facing a proposed class action lawsuit by a former employee who alleges the business violated federal and state wage laws. The complaint, filed on February 19, 2025, in the United States District Court for the Northern District of New York, alleges the restaurant illegally required its employees to pay a portion of their tips to 15 Church’s manager and other 15 Church staff members who were ineligible to receive tips. The former employee is represented by attorneys Joseph T. Moen, with offices located in Saratoga Springs, NY and Cambridge, MA and Ananda Chaudhuri of the Law Office of Ananda Chaudhuri located in New York City.
The lawsuit alleges violations of the federal Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), including misappropriation of tips, failure to pay the required minimum wage, failure to pay overtime wages, and failure to comply with New York’s wage notice and pay statement requirements. Under both New York law and the FLSA, it is plainly illegal for tipped employees to share tips with restaurant management. When an employer misappropriates its employees’ tips, it is also unlawful for that employer to utilize a tip credit, which permits restaurants and similar businesses to pay their employees an hourly rate which is below the required minimum wage and overtime pay rates.
15 Church, through its manager Robert Pezulich and owner Thomas Burke II, allegedly unlawfully required its waiters and bartenders to pay portions of their pooled tips to Pezulich and other ineligible staff members who had no direct interactions with the restaurant’s customers. The complaint requests class action certification for all 15 Church tipped employees employed between February 19, 2019 and the date of final judgment in this matter.
The Plaintiff and former employee is Candace Slaven. The Defendants are: Church Street Restaurant Associates of Saratoga, LLC, Robert Pezulich and Thomas Burke II. The case is “Slaven v. Church Street Restaurant Associates of Saratoga, LLC, et al.” Case No. 25-cv-227-DNH-DJS, in the U.S. District Court for the Northern District of New York.
If you think you may have a claim against an employer for unpaid wages, stolen tips, overtime violations, or employee misclassification, please call Attorney Joe Moen at 518-588-0316 or email him at joe@jtmoenlaw.com for a prompt case evaluation.