Pepe Rosso, Rosso Uptown Restaurants Facing Former Cook’s Wage and Hour Lawsuit
by Nadia Abbas
Last Updated on August 16, 2018
Barrera et al v. Pepe Rosso 24 Inc. D/B/A Pepe Rosso et al
Filed: August 13, 2018 ◆§ 2:18cv4558
A former employee of Pepe Rosso and Rosso Uptown restaurants claims in a proposed collective action that he was deprived of overtime and spread-of-hours pay.
New York
A proposed collective action out of New York federal court has been filed by a former employee of Pepe Rosso and Rosso Uptown restaurants who claims he was deprived of overtime and spread-of-hours pay.
The complaint – which names as defendants Pepe Rosso 24 Inc., Rosso Uptown, Ltd. and two individual owners of the Long Island eateries – was filed by a former cook who was transferred from Pepe Rosso to Rosso Uptown during his employment. The plaintiff, who was employed from August 2014 to December 2017, claims he regularly worked 67.5 hours each week at the restaurants for a fixed weekly salary of $740. This salary was only meant to cover the first 40 hours of work, the suit explains, effectively depriving the plaintiff of time-and-a-half overtime pay for the remainder of hours worked each week. The complaint also alleges that the former cook’s shifts regularly exceeded 10 hours, yet the man allegedly did not receive proper spread-of-hours pay owed to him under New York law.
Moreover, the case accuses the defendants of failing to provide the plaintiff with a proper wage notice upon being hired or accurate wage statements throughout his employment, in violation of state law. Lastly, the plaintiff alleges he has yet to receive any compensation for his final week of work.
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