NEW YORK — A group of current and former pizza makers and cashiers filed an overtime class action suit against 2 Bros. Pizza for violations of the Fair Labor Standards Act (FLSA). They alleged that the company, along with individual defendants who manage particular locations in the city, failed to pay them minimum wage and refused to compensate them for overtime. Additionally, the plaintiffs alleged that the company violated New York labor laws by neglecting to provide proper wage statements and for paying workers off the books in cash without proper records of hours worked. The plaintiffs also claimed that the chain began deducting roughly $100 or more each week from workers’ wages, falsely telling them that the money was being taken out of their pay for tax purposes.
Under FLSA, covered employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and a half of their regular pay rate. There is no limit on the number of overtime hours an employee may work in a workweek, and normally an employee must be paid on the regular payday for the pay period in which he or she earned overtime. In this case, the one of the representative plaintiffs estimated that he worked about 72 hours per week at one of the chain’s locations, but was only paid a flat fee of $480, equivalent to $6.66 per hour. The plaintiffs here are seeking to be paid all wages owed and further damages in the amount of $100 per week for every workweek during which violations occurred, up to a maximum of $2,500 per worker.
New York Labor Code Requirements
The New York Labor Code requires employers to notify employees at the time of hiring of the rate of pay, and with every payment of wages provide each employee with a statement listing gross wages, deductions, and net wages. This includes the number of hours worked, the rates paid, and allowances, if any, claimed as part of the minimum wage required. Upon an employee’s request, the employer must furnish an explanation of how wages were computed.
Additionally, employers may not deduct from an employee’s wages unless such deductions authorized by law, or which are authorized in writing by the employee and are for the employee’s benefit. Authorized deductions include payments for insurance premiums, pension, contributions to charitable organizations, payments for U.S. bonds, union dues, and similar payments for the benefit of the employee. Employers may not make any charge against wages or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages. Examples of illegal deductions or charges include payments by the employee for spoilage, breakage, cash shortages or losses, and cost and maintenance of required uniforms.
If you believe that your employer is not properly paying you for the hours you work, including any overtime, you may have a valid wage claim. Our knowledgeable team of wage and overtime lawyers can be reached at (855) 754-2795. You may also complete our Free Unpaid Overtime Case Review form and our legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. Time is limited for filing wage and overtime complaints, so it is important to call today!