US Department of Labor Sues New York Coffee Chain Over Overtime Pay

A New York City specialty coffee chain called White Noise Coffee is facing a lawsuit from the United States Department of Labor (DOL) alleging violations related to overtime pay and record keeping.

The lawsuit, filed in the U.S. District Court, Eastern District of New York, claims that the owners of the coffee chain failed to provide the required overtime pay to employees who worked more than 40 hours per week at multiple White Noise Coffee locations.

Additionally, the suit claims that the owners failed to keep accurate records regarding hours and pay, and failed to post a notice to employees explaining minimum wage and overtime wage rights as required by law.

The suit alleges violations of the Fair Labor Standards Act.

The lawsuit names three separate business entities — White Noise Coffee I Corp., White Noise Coffee 2 Corp., and Milk Under Cafe Inc — all of which do business under the name White Noise Coffee, according to prosecutors.

DCN’s attempts to contact representatives of White Noise Coffee through the company’s website were not successful. 

As of this writing, a website for White Noise Coffee showed two locations operating under the brand name, one in the Beorum Hill neighborhood of Brooklyn, and the other in the Hell’s Kitchen neighborhood of Manhattan. According to the lawsuit and published media reports, a third White Noise Coffee location in Queens previously existed and was shut down around June of 2023.

“This suit makes clear all employers will be held accountable when they fail to pay employees their legally earned wages,” DOL Regional Solicitor of Labor Jeffrey S. Rogoff said in an announcement from the agency. “The department will use every tool available to prevent employers from violating workers’ rights, including litigation.”

The labor department’s Wage and Hour Division (WHD) has conducted numerous investigations into coffee shop operations in recent years. At least four Louisville, Kentucky-based coffee companies have agreed to pay back lost tips or wages following WHD investigations since 2022. In November of 2022, the national chain Krispy Kreme agreed to pay back more than $1 million in owed wages.

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