Former Cook’s Assistant Serves Burgos Restaurant Café with FLSA Lawsuit

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Two operating companies of Burgos Restaurant Café have been named as defendants in a proposed collective action, along with an individual who controls the business. According to the suit, the defendants failed to adhere to certain provisions of the Fair Labor Standards Act (FLSA) and New York Labor Law, and owe the plaintiff unpaid minimum, overtime, and spread-of-hours wages. The plaintiff says he was employed by the defendants as a cook’s assistant between October 2016 and October 2017 and regularly worked about 51 hours per week. His pay never varied regardless of how many hours he worked, the complaint claims, and he was allegedly given no meal or rest breaks. The suit further argues that the defendants failed to provide the plaintiff with proper wage statements, in potential violation of state law.