The Metropolitan, a popular Long Island catering establishment, has been sued by a dishwasher and food preparer for failing to pay overtime and spread of hours pay.
Attorneys for the workers claim that to feign compliance with wage and hour laws, the caterer implemented a “two punch card” system. Under this system, the worker was instructed to record the first 40 work hours on one punch card. The worker was paid for his first 40 hours worked by paycheck, for which payroll taxes were deducted. The worker was instructed to record any hours worked in excess of 40 on a second punch card. The worker was paid in cash, at the regular rate, for all hours worked in excess of 40, and therefore did not receive overtime pay due under the law.
The wage theft case was brought in the federal district, Eastern District of New York, alleging violations of the overtime provisions of the Fair Labor Standards Act and overtime and spread of hours law under the New York Labor Law.