A cook who worked at San Pietro Restaurant in New York has made a claim in a federal court lawsuit that the restaurant failed to pay him overtime.
The case, Pacheco v. San Pietro Restaurant, 11 Civ. 8441, filed on November 21 in federal court in the Southern District of New York, alleges that Jorge Pacheco worked approximately 55 hours per week for a salary of $750, and then $800 per week. According to the attorney for the worker, no wage statements were provided and the cook did not receive time and one half for all hours worked in excess of forty hours in a week.
Overtime pay after forty hours worked is a requirement under both the Fair Labor Standards Act (“FLSA”) and the New York Labor Law. The lawsuit was filed by the attorneys for Pacheco as a collective action seeking to represent all employees of San Pietro who did not receive overtime pay in the last three years.