Two companies and two individuals who own and operate Lincoln Deli-Grocery in New York are on the receiving end of a proposed class action lawsuit filed by a former employee who worked for the defendants as a “grillman and sandwich preparer.” The plaintiff claims he regularly worked between 72 and 85 hours per week, but did not receive the required minimum, overtime, and spread-of-hours wages entitled to him under the Fair Labor Standards Act. According to the suit, the plaintiff was denied any type of break during his 12- or 12-and-a-half hour shifts, and was paid a fixed rate in cash at the end of each week, regardless of how many extra hours he worked. The plaintiff further argues that the defendants “evaded recordkeeping requirements” in order to “disguise” the plaintiff’s actual hours worked and to avoid properly compensating him.
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