A former employee of Palate Restaurant LLC has filed suit against the company and an individual owner claiming she worked an average of 78 hours per week without being paid proper wages.
According to the lawsuit, the plaintiff was employed at Asya, the defendants’ Brooklyn restaurant, as a cashier and then as a server during her January 2012 to May 2018 tenure. The defendants, the suit claims, “did not regularly compensate [the plaintiff] an hourly wage for her hours worked” and never provided her notice that any tip credit would be applied to her pay. Instead, the case argues, the plaintiff was paid a fixed rate of $300 per week that, when divided by her hours worked, fell “far below” the federal minimum rate.
The woman further claims she didn’t receive time-and-a-half overtime wages for the hours she worked above 40 each week or extra pay for each shift that lasted longer than 10 hours. Moreover, she supposedly wasn’t provided with accurate wage statements with each pay period, in alleged violation of state law.