Bruno’s Ristorante, an Italian restaurant in Howard Beach, New York has paid $125,000 to two former employees, a dishwasher and prep cook, to resolve a federal court lawsuit alleging violations of minimum wage and overtime claims.
The former restaurant employees worked up to sixty-nine hours per week and did not receive overtime pay in accordance with the law. One of the workers was paid below the minimum wage, which is currently $15.00 in New York City, and was paid at a straight-time rate, meaning he received the same hourly pay for all the hours he worked per week. The other worker was paid a daily salary that did not compensate him for overtime hours. Both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) require employers to pay employees 1.5 times their hourly rate for all hours over 40 in a week. The restaurant also failed to pay spread-of-hours pay of an extra hour of pay at the minimum wage when the workers’ shifts spanned over ten hours. Additionally, the restaurant failed to give the workers wage notices when they were hired and also failed to provide them with accurate wage statements with their pay, in violation of the NYLL.
The restaurant wage theft lawsuit was handled by Laura Rodriguez of Pechman Law Group. If you are a restaurant worker and believe that you have been paid incorrectly, please contact the attorneys at 212-583-9500 to schedule a free consultation.