Owners and Operators of Nikitas Place Facing Lawsuit Alleging Wage and Hour Violations
by Erin Shaak
Last Updated on May 8, 2018
Gonzalez Ortega et al v. 1903 up Corp. et al
Filed: March 14, 2018 ◆§ 1:18cv1572
The company and individuals who operate Nikitas Place have been accused in a proposed collective action of failing to pay employees proper wages.
The company and individuals who operate Nikitas Place have been accused in a proposed collective action of violating wage and hour laws. The two plaintiffs in the case worked as cooks at the New York restaurant in excess of 40 hours per week without receiving appropriate overtime and spread-of-hours wages, according to the suit.
One of the men claims he was paid $13.00 per hour until November 2017, when his pay was increased to $15.50 per hour. He typically worked between 75 and 87 hours per week, the suit says, but was paid at his straight-time rate for all hours worked. The other plaintiff alleges he put in about 64.8 hours per week and was paid between $9.50 and $12.00 per hour for all hours worked. The defendants allegedly altered the plaintiffs’ time records to reflect that they had accrued fewer hours than they actually worked, causing them to be underpaid.
On top of that, the case argues, the plaintiffs should have been provided with proper meal and rest breaks, and were never reimbursed for using their own funds to pay for “tools of the trade,” such as shoes and pants they were required to wear in the kitchen.
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