Serafina, an Italian restaurant chain operating eleven restaurants in New York State, allegedly failed to pay kitchen workers overtime pay for all weekly hours worked over forty, spread-of-hours pay, and other wages. The kitchen workers, including cooks, non-executive chefs, sous-chefs, porters, and dishwashers, claim that Serafina required them to regularly work more than forty hours each week but did not pay them time-and-a-half for all of their hours over forty. The kitchen workers say that the restaurant paid some workers a fixed salary regardless of the number of hours they actually worked. For example, one sous-chef was paid $1,100 per week for working up to eighty-four hours a week.
The lawsuit claims that while Serafina did pay some kitchen workers hourly wages, the restaurant shaved their overtime hours. For example, a cook alleges that Serafina only paid him for forty-eight hours of work each week, despite actually working sixty hours a week. The workers claim that Serafina paid all kitchen workers for fewer overtime hours than they actually worked each week due to time shaving. The workers further allege they were never given wage notices required under the New York Labor Law and that their paystubs contained inaccurate information concerning their hours worked.
Serafina previously agreed to settle another wage theft lawsuit with former servers, runners, bartenders, bussers, and baristas for $1.275 million.