Matteo’s Restaurant in Long Island cheated workers out of the minimum wage, overtime pay, and spread-of-hours pay, according to a class action lawsuit filed in New York federal court. The lawsuit, filed by two former dishwashers, claims that Matteo’s failed to pay non-exempt restaurant workers overtime pay of one-and-one-half times their hourly rate for all weekly hours worked over forty, despite the fact that they regularly worked over 60 hours per week. Instead, they say the restaurant paid them a set salary each week regardless of the number of hours they actually worked and also shaved some of their hours.
One restaurant worker alleges he was paid $420 per week, partially in cash, which resulted in an hourly rate below the minimum wage. Another worker says the restaurant only paid him for 42.5 to 48.5 hours of work per week, despite working as many as 69 hours per week. The workers further claim Matteo’s violated their rights by not paying them a spread-of-hours premium of an additional hour’s pay whenever their workday exceeded 10 hours.
The lawsuit alleges that back of the house workers typically worked more than 10 hours a day without any breaks or meal periods. For example, one dishwasher alleges working a regular schedule from 12:00 pm to around 11:30 pm, six days a week (69 hours) straight through without any rest. The dishwashers also claim that Matteo’s failed to provide them with proper notice of their wages at their time of hiring and accurate pay statements with each payment.