A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.
The case’s lead plaintiff, Marcel Mendez, claims he received a weekly salary of between $325.50 and $375.50 when he worked for the Financial District restaurant from 2006 to 2011. Often, he claims, he worked 72 hours a week for salary alone.
Under New York law, employees who work split shifts are eligible for the spread-of-hours premium—an additional hour of minimum-wage pay if 10 or more hours pass between the start of the first shift and the end of the last shift.
Adrianne’s asked the court to remove some employees from the class-action group, but the federal judge hearing the case noted that Adrianne’s only instituted a new pay system in 2010, so a key issue in the case will be whether employees’ hours were tracked properly before then.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Houston ice cream workers get double scoop of back OT
- Beware retaliation claim if you punish employee for filing internal wage-and-hour complaint
- El Nacho Grande chain faces wage-and-hour lawsuit
- With new rules on hold, a refresher on white-collar overtime