Cashier Claims New York's Pelham Palace Breaks Labor Laws

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Lucky of Pelham, Inc. and an individual owner are the defendants in a proposed class action that claims they failed to pay their employees proper wages and provide wage notices. The plaintiff was employed as a cashier at the defendants’ restaurant – Pelham Palace – and was paid a fixed daily rate, according to the complaint. He says he often worked more than 40 hours per week, but that his pay never changed, regardless of how many hours he worked. The plaintiff also claims he is owed spread-of-hours wages for the shifts he worked lasting longer than 10 hours.

The defendants allegedly did not own any time-keeping device during some of the plaintiff’s employment and failed to accurately track his hours and rate of pay. He argues that he was not provided with wage statements or notices, in violation of the New York Labor Law, and seeks to claim his purportedly unpaid overtime wages.