A cook who worked at Sant Ambroeus and Casa Lever, two high-end New York restaurants owned by the same enterprise, filed a lawsuit claiming that he was denied overtime pay as required by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The FLSA and NYLL mandate that employers pay non-exempt employees 1½ times their regular rate of pay for all hours worked in excess of 40 hours in a workweek.
According to the Complaint, Steven Rivera worked as many as 60 hours a week as a chef at Sant Ambroeus, the high-end mini-chain of restaurants & coffee bars in NYC & Southhampton. The lawsuit alleges that even though Rivera was a non-exempt employee and entitled to overtime pay under the FLSA and NYLL, he was paid the same daily rate regardless of the number of hours he actually worked. At Casa Lever, an upscale Italian restaurant in the landmarked Lever House, Rivera worked 50–53 hours a week as a non-exempt line cook. Rivera was not paid overtime pay there either, receiving the same daily rate regardless of the number of hours he actually worked.
Attorneys for Rivera are seeking payment of unpaid wages, liquidated damages, and attorneys’ fees.