“The Halal Guys” has been sued for failing to pay its workers overtime and spread of hours pay. The Halal Guys operates a popular chain of gyro carts in midtown Manhattan and are known for their platter of chicken and gyro over rice white and red sauces.
Two former street food servers have filed a class action lawsuit against the popular gyro chain for failing to pay them overtime wages and spread-of-hours pay, in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The lawsuit, filed in federal court in New York, alleges that The Halal Guys paid its employees a fixed salary based on the number of days they worked per week, thus failing to compensate them for hours worked over forty per workweek. In addition, the business failed to keep track of the hours worked by its employees and failed to pay the workers spread-of-hours pay, which is additional compensation of one hour’s pay at the basic minimum hourly wage rate for each day during which the workers’ shifts spread over more than ten hours.
In addition to the overtime and spread-of-hours claims, the workers also allege that they were not reimbursed for the cost of purchasing and maintaining required uniforms and that their employers routinely accepted and kept tips and gratuities meant for them, and instead distributed it amongst themselves and management. The lawsuit also claims that the restaurants did not give them wage notices or accurate wage statements with each payment of their wages
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