Bracco’s Clam & Oyster Bar Hit with Wage and Hour Lawsuit

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Three plaintiffs allege in a proposed collective and class action that Freeport, New York restaurant Bracco’s Clam & Oyster Bar and four individuals with control over the business not only failed to pay proper wages, but misled workers about contributions supposedly being made to Social Security, workers’ compensation and state unemployment and disability insurance. 

The plaintiffs, one of whom still works for the defendant, the case says, claim they work(ed) on average between 72 and 98 hours per week, particularly during the summer season, without being paid time-and-a-half overtime or spread-of-hours wages for shifts that exceeded 10 hours in a day. Moreover, the complaint claims the defendants “ripped up” the plaintiffs’ accurate timecards that included handwritten descriptions of work done that week and forced the individuals to sign forged records falsely stating they had only put in 40 hours of work.

Rounding out the lawsuit are allegations that the defendants, rather than make proper contributions to Social Security, workers’ comp, Medicare, and unemployment and disability insurance, converted proposed class members’ wages for their own use and enjoyment. 

One plaintiff, the case notes, severely burned his hand at work in May 2017. Since he was not covered by workers’ compensation, the lawsuit claims the man was unable to get the treatment he needed, and was fired upon asking for a week off to heal.