The operating entity of New York restaurant Bistecca Florentina, 317 Restaurant LLC, and its owner are feeling the heat of a proposed class action claiming employees were not paid proper wages. The named plaintiff alleges the defendants failed to pay non-exempt workers at the overtime rate for all hours worked over 40 in a week as called for by the Fair Labor Standards Act (FLSA). This improper payment of overtime wages, the suit says, caused proposed class members’ pay to drop below the federal minimum.
The complaint claims the plaintiff worked around 56 hours per week without being paid time-and-a-half overtime pay. Additionally, the plaintiff was allegedly not paid spread-of-hours wages for shifts that lasted longer than 10 hours in a day as required by New York state labor laws.