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Employees who worked for Elsie Rooftop in New York as tipped workers at any time between July 3, 2018, and Nov. 13, 2025, may be eligible to claim a cash payment from a class action settlement. This includes servers, bussers, runners, bartenders, barbacks or similar positions.
1412 Broadway Rooftop LLC, d/b/a Elsie Rooftop, agreed to pay $900,000 to resolve a class action lawsuit claiming it failed to pay proper overtime wages and did not provide accurate wage statements to tipped workers.
Who can file a claim?
Individuals are considered class members if they meet all of the following criteria:
- They worked for Elsie Rooftop in New York as a tipped worker at any time between July 3, 2018, and Nov. 13, 2025.
- They held a position as a server, busser, runner, bartender, barback or other similar tipped role (including those with different job titles but similar duties).
- Elsie Rooftop’s employment records identify them as holding one of these positions during the relevant period.
How much can class members get?
The settlement fund is $900,000, but the settlement administrator will deduct attorneys’ fees and costs, administration costs and a service award to the named plaintiff before distributing funds to class members. Each eligible class member will receive a cash payment based on the number of weeks they worked at Elsie Rooftop between July 3, 2018, and Nov. 13, 2025. Each class member receives the same dollar amount for each week worked.
The settlement administrator will report 20% of each payment on a Form W-2 that is subject to payroll tax deductions. It will report 80% on a Form 1099 that is not subject to payroll deductions.
How to claim a class action payment
Class members must download and print the a PDF claim form to fill out and mail or email to the settlement administrator. There is no online claim form.
Settlement administrator's mailing address: Elsie Rooftop Settlement Administrator, ILYM Group Inc., P.O. Box 2031, Tustin, CA 92781
Settlement administrator's email address: 1412broadway@ilymcases.com
The claim deadline is July 20, 2026.
Class members who wish to dispute the number of weeks worked or other employment details should note this on the claim form and provide supporting documentation. The settlement administrator uses Elsie Rooftop’s employment records to determine eligibility and calculate payments.
Payout options
The settlement administrator will mail paper checks to eligible class members using the address they provided on the claim form.
$900,000 settlement fund breakdown
The $900,000 settlement fund covers:
- Settlement administration costs: To be determined
- Attorneys’ fees: Up to $300,000
- Attorneys' costs: Up to $17,000
- Service award to named plaintiff: Up to $7,500
- Payments to eligible class members: Remaining balance
Important dates
- Deadline to file a claim: July 20, 2026
- Fairness hearing: Sept. 8, 2026
When is the Escobar v. 1412 Broadway Rooftop LLC payout date?
The settlement administrator will mail checks within 60 days after the court issues a final approval order. Class members must cash them within 120 days of issuance.
Why did this class action settlement happen?
The class action lawsuit alleged Elsie Rooftop failed to pay proper overtime wages and did not provide accurate wage statements to tipped workers in violation of the Fair Labor Standards Act and New York Labor Law.
The company denied these allegations, and the court did not decide in favor of either party. The parties reached the settlement to avoid the burden, expense and risks associated with continued litigation.
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