Three companies that own and operate El Viejo Yayo, a Spanish restaurant in New York, are on the receiving end of a proposed collective action alleging Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) violations.
According to the lawsuit, the plaintiff was ostensibly employed as an assistant to the manager, a waitress, and a cashier at the restaurant from February 2018 to June 2018. The plaintiff alleges that she typically worked 35 to 40 hours per week for a fixed weekly salary of $280 and that this salary did not vary despite the defendants routinely requiring her to work an additional hour or two after her shifts ended. The plaintiff was also required to sign a document that unlawfully misrepresented the hours she worked per week in order to get paid, the suit says. As such, the case alleges that the plaintiff was not paid for all hours that she worked.
The complaint further argues that the plaintiff was designated as a “tipped” employee in payroll records despite performing non-tipped duties for more than 20 percent of her shift. Moreover, the defendants allegedly paid the plaintiff at a rate that was below the tip-credited rate. The case also claims that, in violation of the NYLL, the plaintiff never received a written notice of her rate of pay or the tip credit being taken against her wages.
In sum, the plaintiff alleges that her rights were violated under federal and state labor law in that she was deprived of lawful wages owed to her.