Kingston, NY Restaurants Hit with Proposed FLSA Class Action

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A proposed collective action has been filed against the respective operating companies of Mariner’s Harbor Restaurant and Frank Guido’s Little Italy, along with three individual owners. The plaintiff claims he worked for the defendants as a line cook, but was not paid proper wages or provided with accurate wage documents, in violation of the Fair Labor Standards Act and New York state law. According to the suit, the plaintiff worked an average of 72 hours per week and was paid – as reflected in his pay stubs – for 30 to 40 hours. The rest of his hours were allegedly paid in cash at his regular hourly rate. The suit argues that the defendants attempted to avoid their obligation to pay the plaintiff time-and-a-half overtime wages for the hours he worked above 40 each week and neglected their duty to provide him with accurate wage statements. Additionally, the plaintiff argues that he is owed spread-of-hours wages for each shift he worked that lasted longer than 10 hours.