$900K Elsie Rooftop Wage and Hour Settlement, Did You Work There? Here Is How to Claim Your Payment by July 20

The Elsie Rooftop Settlement is a wage and hour class action where tipped workers — including servers, bartenders, bussers, runners, and barbacks — who worked at Elsie Rooftop in New York between July 3, 2018 and November 13, 2025 can receive a cash payment by filing a claim before July 20, 2026. The employer, 1412 Broadway Rooftop LLC d/b/a Elsie Rooftop, agreed to a total settlement fund of $900,000 to resolve allegations that it failed to pay tipped workers proper overtime wages for all hours worked over 40 in a week.

Quick Facts

Field	Detail
Settlement Amount	$900,000 (total fund, inclusive of attorneys’ fees and costs)
Claim Deadline	July 20, 2026 (postmarked or received by administrator)
Who Qualifies	Tipped workers — servers, bussers, runners, bartenders, barbacks, and similar positions — employed by Elsie Rooftop between July 3, 2018 and November 13, 2025
Payout Per Person	TBD — calculated by number of weeks worked during the class period; each qualifying week earns an equal share
Proof Required	No — employer records are used; dispute your records on the claim form if needed
Settlement Status	Preliminarily Approved
Administrator	ILYM Group, Inc. — (888) 250-6810 — [email protected]
Official Website	elsierooftopsettlement.com
Last Updated	May 22, 2026

Current Status

• The settlement received preliminary approval from the Supreme Court of the State of New York, Kings County.
• The claim, opt-out, and objection deadline is July 20, 2026.
• The Fairness Hearing is scheduled for September 8, 2026 at 10:00 a.m. in Room 929.

What Is the Elsie Rooftop Lawsuit About? Escobar v. 1412 Broadway Rooftop LLC, Index No. 508487/2026

A former tipped worker named Escobar filed this class action in the Supreme Court of the State of New York, Kings County, alleging that Elsie Rooftop violated the New York Labor Law (NYLL) by failing to pay overtime wages to tipped staff for all hours worked beyond 40 in a workweek, and by failing to provide accurate wage statements and required wage notices.

Under New York law, tipped employees — even those paid at a lower cash wage through a tip credit — are still entitled to overtime at one and a half times their full regular rate of pay for every hour over 40 in a week. The lawsuit claims Elsie Rooftop did not pay that. The case also covers related wage notice violations, where employers must give workers written notice of their pay rate and tip credit arrangement at hire.

If you worked a busy Saturday night shift that ran long, or pulled double shifts during peak season, and never saw overtime on your check, this case is likely about exactly what happened to you. Elsie Rooftop denies all allegations, and the court has made no ruling on the merits. Both sides agreed to settle to avoid the cost and uncertainty of continued litigation.

For more on how unpaid wages lawsuits work and what tipped workers can recover, see our guide to how to file a wage and hour complaint.

Related article: $900K Datavant Data Breach Settlement, Was Your Health Data Exposed? Here Is How to Claim Up to $5,000 Before Aug 18

Are You Part of the Elsie Rooftop Class Action?

If you worked in a tipped role at Elsie Rooftop at any point during the class period, you are very likely included. Here is how to know for sure.

You may be part of this class if:

• You worked at Elsie Rooftop as a server, busser, runner, bartender, barback, or a tipped position with a similar title
• You worked there at any time between July 3, 2018 and November 13, 2025
• You worked in New York State
• You received a notice in the mail — Elsie Rooftop’s payroll records identified you as a class member

You are likely NOT included if:

• You worked only in a back-of-house role (such as cook or dishwasher) that did not receive tips
• You never worked at the Elsie Rooftop location during the class period
• You were a manager, owner, or salaried employee not subject to overtime rules

If you received a notice but are still unsure, call ILYM Group at (888) 250-6810 or email [email protected] — they will confirm your eligibility for free. You don’t need to hire an employment discrimination attorney or pay anyone to find out if you qualify.

How Much Can You Get from the Elsie Rooftop Settlement?

Your individual employment class action settlement payment depends on how many weeks you worked at Elsie Rooftop during the class period. The court approved a simple per-week formula: every tipped worker receives the same dollar amount for each qualifying week worked. The more weeks you worked, the larger your payment.

The total fund is $900,000. After deducting attorneys’ fees of up to one-third ($300,000), a service award of up to $7,500 for the named plaintiff, and administration costs, the remaining net fund gets divided among all workers who submit valid claim forms.

Your personal payout estimate appeared on the notice you received — shown as $[AMOUNT] because the official notice template uses a mail-merge system that fills in individual amounts when mailed to each class member. Your actual estimate is printed on your specific notice letter. If you did not receive a notice or lost it, contact ILYM Group directly.

How taxes work on your payment: 20% of your check is treated as wages and will show on a Form W-2 with payroll tax deductions. The remaining 80% is treated as non-wage income and reported on a Form 1099. Talk to a tax professional if you want to understand how this affects your return. A similar split structure applied in the Merrill Lynch $4.9M unpaid wages settlement, where workers received payments divided between W-2 and 1099 amounts.

How to File Your Elsie Rooftop Claim

Step 1 — Find the Claim Form that came with your notice letter in the mail. It includes a pre-addressed return envelope.

Step 2 — Fill out your name, contact information, and any relevant employment details the form requests.

Step 3 — If you believe the weeks-worked calculation on your notice is wrong, write your dispute directly on the Claim Form and attach any supporting documents — pay stubs, schedules, or W-2s from that period.

Step 4 — Choose how to submit:

• By mail: Use the enclosed envelope. Must be postmarked no later than July 20, 2026.
• By email: Send to [email protected] by July 20, 2026.

Step 5 — Save a copy of everything you send, including the postmark or your email confirmation.

Step 6 — Wait for your check. Checks will be mailed within 60 days after the court issues its Final Approval Order following the September 8, 2026 fairness hearing. Cash your check within 120 days of it being mailed — uncashed amounts get returned to the defendant.

Estimated time to complete: 5–10 minutes.

Important Dates

Milestone	Date
Class Period Begins	July 3, 2018
Class Period Ends	November 13, 2025
Preliminary Approval	TBD — order issued prior to notice mailing
Claim / Opt-Out / Objection Deadline	July 20, 2026
Fairness Hearing	September 8, 2026, 10:00 a.m., Room 929, Kings County Supreme Court
Expected Payment Date	TBD — within 60 days of Final Approval Order after September 8, 2026 hearing

Frequently Asked Questions

Is there a class action lawsuit against Elsie Rooftop? 

Yes. Escobar v. 1412 Broadway Rooftop LLC, Index No. 508487/2026, is pending in the Supreme Court of the State of New York, Kings County. The lawsuit alleges Elsie Rooftop failed to pay tipped workers overtime wages and proper wage notices under the New York Labor Law.

Do I need to do anything right now to be included? 

Yes — unlike some federal class actions, this settlement requires you to submit a Claim Form to receive payment. If you do nothing, you release your claims and receive nothing. Mail or email your form by July 20, 2026.

How do I join the Elsie Rooftop class action if I didn’t get a notice? 

Contact ILYM Group at (888) 250-6810 or [email protected]. If you worked as a tipped worker during the class period, they can verify your eligibility and send you a Claim Form.

Do I need a lawyer to file a claim? 

No. Outten & Golden LLP serves as Class Counsel for all class members at no cost to you. You can file directly with ILYM Group. If you want your own attorney, you may hire one at your expense — but it is not necessary to receive payment.

When will a settlement check arrive?

 Checks will be mailed within 60 days after the court issues its Final Approval Order. The Fairness Hearing is September 8, 2026, so the earliest realistic payment window is late 2026 — assuming no appeals.

Can I file my own workplace harassment claim or overtime lawsuit against Elsie Rooftop instead?

 Yes, but only if you opt out. If you submit an Opt-Out Statement by July 20, 2026, you preserve your right to sue independently. If you stay in the class and receive payment, you release all wage and hour claims against Elsie Rooftop under the New York Labor Law through November 13, 2025.

Will my settlement payment affect my taxes?

 Partially. Twenty percent of your payment will be treated as W-2 wages with tax withholding. The other 80% is non-wage income reported on a 1099. Consult a tax advisor for your specific situation.

What if I worked at Elsie Rooftop under a different job title?

 The settlement covers tipped workers in positions similar to servers, bussers, runners, bartenders, and barbacks, even if your title was different. Contact ILYM Group to confirm whether your specific role qualifies.

Sources & References

• Official Court Notice of Class Action Settlement — elsierooftopsettlement.com
• Official Settlement Website — elsierooftopsettlement.com

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the official court-authorized notice and settlement administrator website on May 22, 2026. Last Updated: May 22, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.