230 Fifth Rooftop Bar NYC – Unpaid Scheduling Premium and Late-Paid Wages

On October 11, 2024, Kessler Matura P.C. filed a class action lawsuit which alleged that tip-earning employees at the famed 230 Fifth Rooftop Bar were not paid all their earned wages and were paid late. 

The complaint alleged that 230 Fifth changed their tip-earning employees at a different wage rate than what was promised when the employees showed up for work.  230 Fifth also eliminated a form of pay without notice to their workers and didn’t pay them gratuities for working events, despite charging customers with a 20% fee.

Moreover, under federal and state law, all their wages and tips must be paid on time.  The complaint alleged that 230 Fifth, however, withheld their tip-earning employees’ hard-earned tips well beyond the regular payday.

On February 25, 2025, the parties settled the Plaintiff’s case at a court-ordered mediation.  Thereafter, the parties entered into a formal agreement.  The Court dismissed the case April 7, 2025, having reviewed the settlement and confirmed that it was fair, reasonable, and adequate.

If you experienced similar issues while working 230 Fifth or another restaurant, or if you have any other questions regarding your workplace rights, please contact Troy L. Kessler, Garrett Kaske, or Jocelyn Small.