On December 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners and operators of “District 12”, a bar and restaurant located at 4892 Broadway, New York, New York 10034 on behalf of all cooks, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.
The Plaintiff class in this lawsuit submits that they were subjected to widespread policies which violated their rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The Plaintiff class alleges that Defendants failed to compensate its employees at a time-and-a-half rate for all hours worked in excess of 40 per workweek, as required under the FLSA and the NYLL. Specifically, Plaintiffs claim that they were paid a fixed daily salary in cash, which did not account for the amount of hours they worked. For instance, they claim that they would regularly work 6 to 7 days per week, and over 70 hours per week, without receiving any overtime premium.
The lawsuit alleges that Defendants failed to provide spread-of-hours pay to their employees. Employees who work over 10 hours in a single day, including working time plus time off for meals plus intervals off duty, are required by law to receive an additional hours pay from their employer. The Plaintiff class claims that Defendants failed to keep accurate records of Plaintiffs’ hours worked. The lawsuit also alleges that the owners of these establishments further violated the NYLL through its failure to provide its employees with proper wage notices and statements.
We are seeking to represent cooks, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who work or have worked for Defendants. Eligible employees should contact us in order to join the case. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.