Manny's On Second Refuses to Pay Proper Wages, Suit Says
by Erin Shaak
Last Updated on May 8, 2018
Yascaribay et al v. Jon 2, LLC et al
Filed: June 16, 2017 ◆§ 1:17-cv-04573
A former employee of Manny's on Second has filed suit against the restaurant's operating company and two individual owners claiming they violated the FLSA and state law.
A former employee of Manny’s on Second has filed suit against the restaurant’s operating company and two individual owners claiming they violated several provisions of the Fair Labor Standards Act and state law. The plaintiff alleges that he was not paid properly for all the hours he worked, was denied breaks of any kind, and did not receive accurate wage statements and notices.
According to the complaint, the plaintiff was not paid any wages at all for part of his employment and relied solely on customer tips, though he allegedly spent more than 20% of his day performing non-tipped duties. He further claims that he was illegally forced to surrender over 50% of his credit card tips to the defendants.
The suit also argues that the plaintiff often worked more than 40 hours per week, but was denied time-and-a-half overtime wages for those hours. On top of that, the defendants supposedly failed to pay him an extra hour’s pay for each shift that lasted longer than 10 hours.
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