Class Action Accuses YS Realty II LLC, Owner of Numerous Labor Violations
Last Updated on May 8, 2018
Yanqui Chaca et al v. YS Realty II LLC et al
Filed: January 18, 2017 ◆§ 1:17-cv-00350
YS Realty II LLC, which owns and operates New York City Italian restaurant Re Sette, and its owner are the defendants in a proposed class action lawsuit.
YS Realty II LLC, which owns and operates New York City Italian restaurant Re Sette, and its owner are the defendants in a proposed class action lawsuit over alleged wage violations of the Fair Labor Standards Act (FLSA) and New York labor laws. The 19-page lawsuit claims the defendants failed to pay workers proper overtime, minimum wage and spread-of-hours pay. The suit alleges the defendants also misappropriated tips and failed to pay employees on time.
The plaintiff, who worked as a bartender for the defendants until December 2016, claims he regularly worked more than 40 hours a week without overtime pay. The defendants allegedly required the plaintiff to use separate PIN numbers in the time clock system depending on which job duties he was performing so as to not exceed 40 hours a week. The plaintiff also alleges, specifically:
- That he was consistently paid his wages late, typically one month after they were due
- He was issued numerous checks that resulted in bank fees due to insufficient funds
- That he did not receive any tips at all between June 2016 and September 2016
- That he never received state law-mandated spread-of-hours pay for shifts that lasted longer than 10 hours in a day
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