El Bandido, a Mexican restaurant with locations in Middletown and Spring Valley, New York has paid $31,000 in back pay to a former preparation cook to resolve a federal court lawsuit alleging violations of overtime claims.
The cook who brought the lawsuit against El Bandido alleged that he worked up to sixty-six hours per week and received a fixed weekly salary that did not compensate him for overtime hours. All hours worked by an employee after 40 in a week must be paid at time and one-half the worker’s hourly rate. The wage theft lawsuit also claimed that the restaurant did not pay spread-of-hours pay of an extra hour of pay at the minimum wage when his shift spanned over ten hours. Finally, the cook alleged that El Bandido did not give him a wage notice when he was hired or wage statements with his pay.
Note that in Orange County, New York, the full minimum wage rate is $12.50 per hour. Employees must receive at least $18.75 per hours worked over forty in a workweek.
The restaurant wage theft lawsuit was handled by Vivianna Morales 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.