Blake & Todd Restaurant Cooked with FLSA Class Action

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A wage and hour class action has been filed against New York’s Blake & Todd restaurant claiming workers were not paid proper overtime and New York labor law-required spread-of-hours wages. Joint employers 52 Van Food Corp., 53^rd Street Food LLC and their owner allegedly did not pay the plaintiff, a former food preparer employed from 2001 through September 2016, and proposed class members at the time-and-a-half hourly overtime rate or at the spread-of-hours premium for shifts lasting longer than 10 hours per day.

The plaintiff says he worked between 60 and 75 hours per week during his tenure without receiving overtime pay. Moreover, the plaintiff’s wages did not vary even though he was required to travel between the defendants’ restaurant/catering locations. The lawsuit alleges the plaintiff was required to punch out when he left one location and clock in once he reached another location, a violation of the Portal to Portal Act. Finally, the lawsuit alleges the defendants made the plaintiff sign a tax document each year that falsely stated his salary.