Malecon Restaurant Workers Voice Alleged Labor Law Violations

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Two former employees of Malecon Restaurants have filed suit against two companies and three individuals who own and operate the eateries. The plaintiffs claim the defendants failed to pay employees statutory minimum, overtime, and spread-of-hours wages and provide them with required wage documents in accordance with state law.

The first plaintiff allegedly worked at one of the restaurants’ locations as a waiter for between 51 and 61 hours per week and was paid $40 per shift at the beginning of his employment, which was later increased to $60 per shift. Although he received tips from customers to offset his wages, the suit argues, the defendants never provided him notice of the tip credit and required him to participate in a tip pool shared by non-tipped employees. Therefore, the complaint attests, the man’s pay failed to meet the Fair Labor Standards Act’s minimum wage requirements and didn't include premium time-and-a-half overtime pay.

The second plaintiff, according to the case, was employed as a kitchen helper responsible for food preparation, cleaning, and dishwashing. He claims he put in 51 to 53 hours per week and was paid a fixed salary that, when divided by his hours worked, amounted to less than the minimum wage throughout his employment.

Additionally, both men argue that they were denied required wage notices and statements detailing their employment rights, hours worked, and pay rates.