Boston Market Corp. has violated the New York Labor Law by paying manual workers on a bi-weekly basis instead of every week, a proposed class action claims.
The plaintiff, who worked for Boston Market as an assistant manager, general manager, area supervisor and area manager, claims to have spent more than 75 percent of his time on physical tasks. Per the case, employees who worked as shift managers, backups/preps, carvers/sandwich-makers, servers, cashiers, dishwashers and utilities also spent most of their time performing physical labor.
The case argues Boston Market employees satisfy the New York Labor Law’s definition of manual workers and should therefore have been paid within seven calendar days after the end of the week during which their wages were earned. Boston Market has nevertheless failed to do so, according to the complaint.
The lawsuit says Boston Market employs over 500 individuals, most of whom are manual workers, at its more than 40 New York fast food restaurants. Backups/preps, carvers/sandwich-makers, servers, cashiers, dishwashers and utilities perform mainly physical tasks such as preparing food, plating orders, stocking paper products and cleaning, the suit says.
Supervisors and managers, such as the plaintiff, are at times responsible for helping these employees perform their work and, among other duties, also tasked with accepting food deliveries, emptying boxes, managing inventory, making repairs and performing opening and closing duties, the case relays.
The lawsuit contends that although Boston Market employees spend most, if not all, of their time performing physical tasks, they were compensated on a bi-weekly basis instead of every week in accordance with the New York Labor Law’s requirements for manual workers.
The case looks to recover the alleged untimely paid wages on behalf of all manual workers who work or worked for Boston Market in New York State between November 19, 2015 and the date of final judgment in the lawsuit.
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