A proposed collective action filed in New York claims Elysian NY Corp., which does business as Feta Bar and Grill, and two individuals unlawfully deprived the plaintiff and similarly situated workers of their rightful minimum, overtime and spread-of-hours wages. The plaintiff says he was hired by the defendants in January 2016 to help prepare for the opening of the restaurant and worked for approximately two months, for an average of 30 hours per week, without receiving any compensation.
In March 2016, the plaintiff and defendants allegedly entered into a verbal agreement that the plaintiff would be compensated at $1,500 per week from then on. According to the lawsuit, the plaintiff worked 80 hours per week from March 2016 through August 2016 and only received $16,730, which the case claims “was paid at varying amounts at infrequent and irregular intervals.”
The lawsuit alleges that it was understood between all parties that if the plaintiff assisted the defendants with preparation of the restaurant before its opening, he would be named as part owner and receive some of its equity. This did not occur, the plaintiff claims.