NEW YORK — An employee at an upscale New York restaurant Le Perigord filed a suit against the company for alleged violations of the Fair Labor Standards Act (FLSA) and New York labor laws. According to the lawsuit, the company failed to pay the plaintiff, who served as a hostess, coat checker, and maitre d’ minimum wage and overtime. The suit indicates that the plaintiff began working at Le Perigord starting in January 2010 and appeared as the “face” of the restaurant at events such as restaurant awards ceremonies.
The plaintiff alleges that Le Perigord paid her sporadically for her work during the restaurant’s lunch and dinner shifts. According to the suit, between August and September 2012, the plaintiff regularly worked three dinner shifts per week and received $300 for three days worked in the first week of September but nothing for the other hours she worked. Since January, the plaintiff has regularly worked five dinner shifts and occasionally worked a lunch shift, but received only $20 per day as wages five times during the year. The plaintiff also alleges that her pay has been sporadic, ranging from $100 to $700 per week regardless of hours worked, and that she did not receive the required “spread of hours” pay under New York labor law when her shifts span more than ten hours.
FLSA’s Minimum Wage Requirements
FLSA requires employers of nonexempt employees to pay a minimum wage of not less than $7.25 per hour. It does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work. Additionally, FLSA requires employers to pay nonexempt employees at least one and one-half times their regular rate of pay for all hours worked in excess of forty in a workweek. In general, employers must pay employees the full minimum wage (and any statutory overtime due) on the regularly scheduled payday for the workweek in question. Failure to do so is also a FLSA violation.
“Spread of Hours” Pay
With employees in hotels, restaurants, and bars, “spread of hours” pay must be paid to employees under New York labor laws for any days in which their spread is over ten hours, regardless of how much the employee makes. This is paid at the full minimum wage rate, and employers may not apply any credits or allowances for tips, meals, and lodging to the “spread of hours” payment. If a worker has a split shift schedule, hospitality industry employers are not required to pay an extra hour of pay at the full minimum wage if the spread of hours in the split shift does not exceed 10 hours.
If you or someone you know is not being paid minimum wage under FLSA or state law, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.