The Inn at East Wind Workers Owed Unpaid OT for Skipped Meal Breaks, Lawsuit Alleges
by Erin Shaak
Carranza v. The Inn at East Wind, LLC
Filed: November 30, 2020 ◆§ 2:20-cv-05774
The Inn at East Wind has failed to pay employees proper wages as a result of automatically deducting time for meal breaks that were not taken in full, a lawsuit claims.
New York
A former housekeeper at The Inn at East Wind, LLC claims the Long Island hotel and wedding venue has failed to pay employees proper wages as a result of automatically deducting time for meal breaks that were not taken in full.
According to the proposed collective and class action, workers incurred unpaid regular and overtime wages due to the defendant’s policy of deducting time for meal breaks they were unable to take due to the demands of their jobs.
The plaintiff, who worked for the defendant as a housekeeper from April 2018 to August 2020, says she typically put in 42.5 to 45 hours per week until February 2020, after which she put in 30 weekly hours or fewer. Due to the defendant’s alleged practice of automatically deducting 30-minute meal breaks from her hours, the plaintiff estimates she is owed 2.5 hours of unpaid overtime wages per week.
“At all times relevant herein and for the time Plaintiff was employed by Defendants, Defendants failed and willfully failed to pay Plaintiff an overtime rate of at least 1.5 times her regular rate of pay for all hours worked in excess of forty hours in a week,” the complaint claims. “The violations complained of herein were also suffered by the putative class members.”
The case goes on to allege that the plaintiff and other workers were not provided with wage notices and statements in accordance with the New York Labor Law. More specifically, the suit claims the wage statements provided to workers did not contain every hour worked by the employees or state all wages earned, “among other deficiencies.”
Finally, the lawsuit alleges The Inn at East Wind failed to inform employees of their federal and state rights with regard to minimum and overtime wages and that they could seek enforcement of such rights through government agencies.
The lawsuit looks to represent anyone who, within the past six years, worked for the defendant in New York for more than 40 hours in a week and was not paid at the proper state and federal overtime rate.
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