Roti Modern Mediterranean Restaurants Sued Over Allegedly Unpaid Wages, Discrimination

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An August 2018 lawsuit filed against Roti Restaurants, LLC over claims of unpaid wages and national origin discrimination has been removed to New York federal court.

According to the proposed class and collective action, the defendant operates all Roti Modern Mediterranean restaurants nationwide, including two New York City locations where the plaintiff worked as a grill person and food preparer. The man alleges that during his tenure, he and other employees were instructed to work at least 15 minutes past the end of their scheduled shifts about three or four times a week without pay.

“Specifically, after Plaintiff and Class members were clocked-out and changed out of their uniform, the manager would instruct them to work off-the-clock, including cleaning the restaurant, moving boxes and restocking supplies,” the complaint reads.

Adding to the plaintiff’s unpaid wage claims, the suit says the man was frequently sent home before the end of his shift when the restaurants weren’t busy. In these instances, the case continues, the company allegedly failed to pay the plaintiff call-in premiums required by state law. Moreover, the man says his employer improperly deducted $45 from his wages several times for the cost of non-slip shoes.

The case goes on to accuse the defendant of acting in “malicious” disregard of the plaintiff’s rights by discriminating against him based on his national origin. From the complaint:

“From in or around August 2017, Defendant’s new manager for Roti (Chrysler East), informed all employees that no one was allowed to speak Spanish. If any employee was found to speak Spanish, they were reprimanded and sent home. The new manager also reduced the work hours of only those employees of Hispanic or Latino origin or those employees who appeared to be Hispanic or Latino.”

The plaintiff claims that he and other Hispanic or Latino employees were ultimately terminated “on no grounds other than their national origin.”