NEW YORK CITY — A group of 19-banquet hall caterers recently settled an unpaid overtime lawsuit for $50,000 with their employer, Bridgeview Yacht Club in Nassau County, New York.
The bartenders and waitstaff making up the group of plaintiffs claim their wages were improperly calculated for a six-year period.
Investigators claim some of the plaintiffs were only paid their regular hourly wages (straight time) while other were given a lump sum payment to cover their overtime wages. In either case, the extra pay provided did not adhere to the overtime wage laws in the jurisdiction.
New York Attorney General Eric Schneiderman released a statement saying “Wage theft is a serious problem facing too many New Yorkers and my office will continue to investigate businesses that fail to properly compensate their employees.” Schneiderman went on to add “Nothing is more fundamental than getting a fair day’s pay for a fair day’s work and we will vigorously enforce the laws protecting our most vulnerable workers.”
Overtime Pay Laws
Under the Fair Labor Standards Act, all hourly employees must be paid at least one and a half times their regular rate of pay for the time spent over the federal overtime threshold of 40 hours per week. While states are free to enact their own overtime and wage laws augmenting protections afforded by the FLSA, they must all comply with the 40-hour work week rule for overtime pay.
The FLSA gives workers deprived of their overtime wages the right to file civil lawsuits against their employer to recover their hard earned pay. In addition to recovering back pay, plaintiffs may also be compensated with liquidated damages equal to their lost pay, attorney’s fees, and court costs.
While federal labor laws do allow employers to place certain classes of employees on salary pay, these workers must meet certain criteria to be overtime nonexempt. Often times, employers will classify employees as overtime exempt when the job duties do not match the description necessary for such classification under the FLSA.
Restaurant Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe 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.