Upper East Side Restaurant Bella Blu Facing FLSA Lawsuit

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967 Lexington Ave. Corp., which does business as Bella Blu Restaurant on the upper east side of Manhattan, and its owner are facing a proposed class action brought by a former employee, citing violations of the Fair Labor Standards Act and New York state law. The plaintiff claims he was regularly scheduled to work four double shifts and two dinner shifts per week—totaling more than 40 hours—and was not paid proper overtime wages or “spread-of-hours” wages for the 12-hour double shifts. The complaint also alleges minimum wage violations and notes that employees like the plaintiff were not given proper notice to be paid on “tip credit.” The plaintiff further claims his weekly paystubs were not compliant with state law because they failed to record his actual hours worked.