Former Habana to Go Employee Claims Cuban Restaurant Owes Unpaid Wages

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Habana to Go Brooklyn LLC and Habana Brooklyn LLC—which operate Cuban restaurants Habana to Go and Habana Outpost, respectively—and the companies’ owner are facing a proposed collective action in which the plaintiff claims she’s owed unpaid overtime and spread-of-hours wages. The plaintiff, who worked as a food preparer for the joint employer defendants from April 2014 through December 2017, claims she worked between 91 and 112 hours per week during the beginning of her employment and between 45 and 66 hours per week toward the end of her tenure. According to the suit, the plaintiff’s pay, which ranged from $9 per hour early on in her employment to $12.50 per hour later on, never changed even when she had to stay past her shift.

“For example, [the defendants] required [the plaintiff] to work an additional 1 to 2 hours after her scheduled departure time every day, and did not pay her for the additional time she worked,” the case says, additionally claiming the plaintiff was never granted meal or rest breaks of any kind.

The case alleges the defendants violated the Fair Labor Standards Act (FLSA) and New York Labor Law.