NEW YORK — A former line cook for an Upper East Side Italian restaurant recently filed an unpaid overtime lawsuit against the establishment and its three owners, claiming his long time employer stopped paying him overtime six years ago. The plaintiff, who worked for the defendant for over 20 years, claims he used to receive overtime wages for routinely working over state mandated overtime periods, but that the defendants have balked on those payments since March of 2011.
The plaintiff claimed that he routinely worked eight to 12 hours per day, accumulating between 47 hours and 63 hours per week, which should have made him eligible to receive one and a half times his regular rate of pay. Furthermore, New York has its own state overtime and wage laws providing extra overtime protections to restaurant and hospitality workers.
Under the state’s Hospitality Wage Order, restaurant and hotel workers can accrue overtime in ways other than working above the 40-hour per week overtime threshold. The “spread of hours” compensation provision of the Hospitality Wage Order requires employers to pay workers an additional hour of regular pay when the employee’s shift, including breaks, stretches more than 10 hours in a single day.
While many workers assume their company is in compliance with all state, federal, and local wage and labor laws, the truth is that many employers rely on this trust to commit wage theft and keep payroll down. Fortunately, federal labor laws allow wage theft victims to recover at least two years of unpaid wages and many states, like New York, allow longer statutes of limitation.
Not only can wage theft victims recover the principle of their back pay, but these individuals may also be entitled to pre and post judgment interest on those unpaid wages and even liquidated damages equal to their lost income. Furthermore, many laws award the plaintiff attorney’s fees to cover the cost of litigating the suit to recover lost pay and hold wrongdoers resonsible.
Restaurant Worker Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.