If you worked as a tipped employee at Elsie Rooftop in New York between July 2018 and November 2025, you may be owed a cash payment with no documentation required.
What Is This Settlement About?
A former tipped employee filed a class action lawsuit, Escobar v. 1412 Broadway Rooftop LLC (Index No. 508487/2026), in the Supreme Court of the State of New York, Kings County. The named plaintiff alleges that 1412 Broadway Rooftop LLC, doing business as Elsie Rooftop, failed to pay tipped workers proper overtime wages for all overtime hours worked, along with related wage-and-hour claims under the New York Labor Law.Elsie Rooftop denies the allegations, and the Court has not ruled on the merits of the claims. To avoid the burden, expense, and risk of continued litigation, the parties agreed to a settlement, subject to Court approval. Elsie Rooftop has agreed to a total settlement fund of $900,000 to resolve all claims, including attorneys' fees and costs.
Who Qualifies?
You are a class member if records show you worked for Elsie Rooftop in New York as a tipped worker — including servers, bussers, runners, bartenders, barbacks, and tipped workers in similar positions with different job titles — at any time between July 3, 2018 and November 13, 2025.Class members were sent a notice because Elsie Rooftop's records indicate they were employed in a covered tipped position during that period. If you believe you qualify but did not receive a notice or Claim Form, you can request one through the official settlement website.
How Much Can You Get?
The $900,000 fund pays settlement amounts to participating class members after Court-approved attorneys' fees and costs (Class Counsel may request up to one-third of the fund), a service award to the named plaintiff, and the costs of administering the settlement.Individual payments vary. Under the Court-approved allocation formula, the net fund is divided so that each tipped worker receives the same dollar amount for every week they worked during the covered period — so the more weeks you worked, the larger your payment. The settlement covers about 407 current and former tipped workers and roughly 27,461 total weeks worked, with each qualifying week earning an equal share of the net fund. Your individual estimated amount is printed on the Claim Form mailed to you. A portion of each payment is treated as wages and the remainder as non-wage income, and class members will receive the corresponding tax forms from the administrator; for questions about how a payment affects you, consult the IRS or a qualified tax professional.
Do You Need Proof?
No documentation is required to receive the standard payment. The number of weeks you worked is taken directly from Elsie Rooftop's payroll records, so you do not need receipts, pay stubs, or any administrator-issued ID to file — you only need to complete and return the Claim Form.Documentation comes into play only if you disagree with the company's records. If you believe the recorded number of weeks is wrong, you can note the dispute on your Claim Form and submit written evidence supporting your position; the administrator reviews disputes and makes the final determination, with the company's records presumed correct unless you show otherwise.
How to File a Claim
To receive a payment, complete the Claim Form that was mailed to you and return it to the Settlement Administrator by the deadline — by mail using the enclosed envelope, or by following the submission instructions on the official settlement website. The Claim Form must be submitted or postmarked on or before August 10, 2026. If you do nothing, you will not receive a payment, and if you remain in the class you will still give up the released wage-and-hour claims.You also have other options by the same August 10, 2026 deadline: you can exclude yourself (opt out) to keep your right to sue Elsie Rooftop separately, or stay in the class and object if you disagree with the terms. The Court will hold a fairness hearing on September 8, 2026 to decide whether to approve the settlement. If approved, payments are estimated to be mailed within 60 days after final approval, and settlement checks must be cashed within 120 days of issuance.
Frequently Asked Questions
Who is eligible for the Elsie Rooftop wage settlement?
People who worked for Elsie Rooftop in New York as a tipped worker — including servers, bussers, runners, bartenders, barbacks, and tipped workers in similar positions — at any time between July 3, 2018 and November 13, 2025.
How much money can I get from the Elsie Rooftop settlement?
Payments come from a $900,000 settlement fund and vary by person. The net fund is divided so each tipped worker receives the same dollar amount for every week worked during the covered period. Your individual estimate is stated on the Claim Form mailed to you.
Do I need proof to file an Elsie Rooftop claim?
No documentation is required to receive the standard payment — your weeks worked are taken from Elsie Rooftop's payroll records. You only need to complete and return the Claim Form. Documentation is needed only if you dispute the company's records of how many weeks you worked.
What is the deadline to file an Elsie Rooftop claim?
The Claim Form, opt-out statement, or objection must be submitted or postmarked by August 10, 2026. The Court's fairness hearing is scheduled for September 8, 2026.
How do I file a claim for the Elsie Rooftop settlement?
Complete the Claim Form that was mailed to you and return it to the Settlement Administrator by mail using the enclosed envelope, or follow the submission instructions on the official settlement website. If you did not receive a form, you can request one through the official settlement website's contact page.
Sources
- Official Settlement Website — Elsie Rooftop Settlement
- Court-Authorized Notice of Class Action Settlement, Escobar v. 1412 Broadway Rooftop LLC, Index No. 508487/2026, Supreme Court of the State of New York, Kings County
