Nino’s Positano Restaurant Settles Time Shaving and Overtime Claims for Half a Million Dollars

On September 28, 2010, New York Attorney General Andrew M. Cuomo announced a $515,000 settlement with the Manhattan restaurant, Nino’s Positano Ristorante Italiano.  The Attorney General’s office began an investigation into the restaurant after employees complained about the restaurant’s time shaving and failure to pay overtime.  The investigation found that waiters, bussers, and runners were paid for only the first 40 hours they worked even though the restaurant employees routinely worked 60-72 hours per week.  The restaurant also shortchanged other employees, and failed to keep accurate time records.

Under the settlement, the restaurant will pay $515,000 in back-pay and damages to restaurant employees.  Approximately 45 restaurant employees will receive over $9,000 each for each year of employment at the restaurant.  The Attorney General’s office will also monitor the restaurant to ensure its compliance with the settlement terms.  Attorney General Cuomo said that with this settlement they “are sending a message to all restaurants:  exploiting employees will not be tolerated and any wrongdoers will be held accountable.”