SOUTH JERSEY

Riverwinds operator skimmed tips, new suit claims

Jim Walsh
@jimwalsh_cp

CAMDEN – A West Deptford restaurateur is facing another lawsuit from former employees, this time claiming he failed to pay the minimum wage.

Fotios Farmakis, who operates the Riverwinds Restaurant, also is accused of "skimming" tips in a proposed class-action suit filed Tuesday in federal court, Camden.

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The suit was brought by four women who are part of a separate lawsuit, filed in state court in Camden, that accuses Farmakis of sexual harassment.

The federal suit contends Farmakis and two co-owners, George Drakos and Helena Balis, engaged in "unlawful pay practices" and "unjustly enriched" themselves at their employees' expense.

A lawsuit filed in federal court, Camden, alleges tipped employees were paid less than the minimum wage at the Riverwinds Restaurant in West Deptford.

"Restaurant workers are among those in our economy who are most vulnerable to wage violations," said Matthew A. Luber, a Marlton attorney representing the workers in both lawsuits. "To be cheated out of hard-earned money through management tip-skimming while simultaneously being subjected to sexual harassment, as alleged here, is truly repugnant.”

An opposing view came from John Eastlack, a Cherry Hill attorney representing the defendants.

“The allegations made in the complaint are baseless," Eastlack said. "We look forward to addressing this matter in court.”

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Among other claims, the federal suit contends some Riverwinds workers were paid less than the federal minimum cash wage of $2.13 per hour for tipped employees.

It also alleges the restaurant's owners did not properly notify employees that "tip credit" would be used to bring their pay to the state minimum of $8.38 per hour.

"If an employer cannot demonstrate its compliance with this notification requirement, no credit can be taken and the employer is liable for the full minimum wage," the lawsuit claims.

The suit also contends Farmakis "systematically took 6 percent" of the 20 percent tip charged "for parties, luncheons, banquets and other events." It says the owners also diverted waitresses' tips that were meant to be shared with bartenders and bussers.

"Notably, the tip skimming was not diverted to, or shared with, other tipped employees," the suit alleges. "Instead Farmakis and (other) defendants lined their own pockets with this substantial portion of their employees' tips."

The suit was brought by three former waitresses — Jessica Howley of Mantua, Danielle Lawrence of Blackwood, and Colleen Monaghan-Girardo of Glassboro — and former bartender Patricia Crawford of West Deptford.

Luber, of Marlton-based McOmber & McOmber, P.C., filed the suit with attorney Charles J. Kocher of Philadelphia-based Saltz Mongeluzzi.

Jim Walsh; (856) 486-2646; jwalsh@gannettnj.com