Former Employees Stack FLSA Claims Against NY Mediterranean Restaurant
by Erin Shaak
Last Updated on May 8, 2018
Martinez et al v. TB 584 Amsterdam Rest. Corp. et al
Filed: May 2, 2017 ◆§ 1:17-cv-03256
Two former employees of Manhattan's Bodrum Mediterranean Restaurant have filed suit against the restaurant's operating company and two owners.
Two former employees of Manhattan’s Bodrum Mediterranean Restaurant have filed suit against the restaurant’s operating company and two owners. The plaintiffs – who were employed as cooks, bussers, and delivery employees during their tenure at Bodrum – claim they were not paid the required minimum, overtime, and spread-of-hours wages as required under the Fair Labor Standards Act (FLSA) and state labor laws. One of the plaintiffs says he was paid less than minimum wage while working as a tipped employee, but that the defendants unlawfully failed to inform him they would be taking a tip credit from his wages. According to the suit, both plaintiffs were not paid overtime wages for the hours they worked above 40 in a week and were not paid an extra hour’s pay when working shifts that lasted longer than 10 hours.
In addition to the wage violations, the complaint also argues that the plaintiffs and proposed class members did not receive proper wage notices and statements. Though they were required to clock in and out, their timesheets did not accurately reflect their hours worked, the suit claims.
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