Employer: 2 Poto Inc., operating as Entre Nous French Bistro
119 West Green St.
Pasadena, CA 91105
Action: Fair Labor Standards Act complaint filing
Court: U.S. District Court for the Central District of California
Investigation findings: On Dec. 28, 2023, the U.S. Department of Labor filed a complaint in federal court alleging Entre Nous French Bistro and owners Jean-Christophe Febbrari and Mathias Wakrat knowingly and willfully withheld a portion of employee earned tips and used them to fund business expenses.
An investigation by the U.S. Department of Labor’s Wage and Hour Division found the Pasadena restaurant collected credit card and cash tips from customers, automatically deposited them in the employer’s business account and distributed only a portion of the tips to servers, food runners, waiters, hosts and bartenders through a Zelle wire transfer on a weekly basis. The investigation also revealed the restaurant misclassified several employees as independent contractors and did not keep accurate pay records.
The department seeks to recover approximately $250,000 in back wages and an equal amount in liquidated damages for 18 employees. The department is also asking the court to issue an injunction forbidding Entre Nous French Bistro and owners from future violations of the Fair Labor Standards Act.
Quote: “Illegal practices by restaurant employers such as Entre Nous French Bistro in Pasadena hurt employees and also law-abiding employers who face unfair competition due to the stealing of tips by unscrupulous employers,” said Regional Solicitor of Labor Marc Pilotin in San Francisco. “Customers expect – and the law requires – that tips go to employees, not their employer. We seek to recover the wages owed, enjoin this company from future violations and protect the significant public interest at stake.”