Former Employee Files FLSA Lawsuit Against Antica Ristorante

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A proposed class action lawsuit has been filed against Elio & Sons, LLC, which owns and operates a New York restaurant known as Antica Ristorante – Tribeca, and two individual owners, alleging that they violated several provisions of the Fair Labor Standards Act and the New York Labor Law. The plaintiff—who worked at the restaurant as a dishwasher, “food prep,” and line cook—claims he regularly worked 62 hours per week without receiving overtime compensation for hours worked above 40. He further argues that the defendants failed to pay him spread-of-hours wages for shifts lasting longer than 10 hours, and that he was not provided with wage statements detailing his hours and rate of pay. According to the complaint, the plaintiff was paid in cash at a flat weekly rate calculated to be less than the required minimum wage.

The suit claims Elio & Sons employs individuals at three other restaurants in New York City who suffer the same illegal policies. Its proposed class includes any non-management employees who worked for the defendants at any time between April 6, 2014 and this case’s “entry of judgment.”