Nature’s Grill Hit with Unpaid Overtime Class Action Lawsuit
By John Curran
Plaintiff Arturo Sanchez says that a Brooklyn cafe chain failed to meet the Fair Labor Standards Act for non-exempt employees by failing to pay them overtime. He’s seeking back pay for the unpaid overtime and other damages in a class action lawsuit filed August 29, 2013.
According to the overtime lawsuit, Sanchez and other workers at various Nature’s Grille cafes were not paid time-and-a-half for hours worked over 40 hours each week. As a food preparer, the man was employed at two locations from November 2011 to July 25, 2013. In addition, he alleges that the company failed to compensate employees fairly for “spread-of-hours” pay, which occurs when working time, breaks and intervals off duty total more than 10 hours.
Sanchez also seeks class action certification for any non-service staff including, but not limited to, dishwashers, cooks, delivery workers and others who were not part of any tip-sharing plan. Additional defendants include Dimitrios and Anastasio Verteouris. According to the plaintiff’s employment lawyer, the two men founded the chain of Nature’s Grille cafes and could have met FLSA standards for non-exempt employees’ pay but failed to do so.
In addition, the company allegedly “willfully” failed to record the hours worked beyond a standard 40-hour work to limit the need to pay employees, and “are aware or should have been aware” of requirements under federal law to do so and adequately compensate the restaurant workers. Between November 2011 and December 31, 2012, Sanchez alleges that he worked 87 hours per week, but was not paid for the 47 hours of overtime.
He also alleges in the potential class action lawsuit that he was terminated on July 25, 2013, following a workplace injury the day prior that left him temporarily disabled and for which he was not accommodated for.
The restaurant unpaid overtime lawsuit is Arturo Sanchez, et al. v. Nature’s Grill LLC, et al., Case No. 13-cv-08451, U.S. District Court, Eastern District of New York.
Many restaurant employees are learning that they may be owed back pay as a result of unpaid overtime hours they worked. If you think you missed out, get a free legal consultation at the Restaurant and Bar (Service Industry) Wage and Hour Class Action Lawsuit Investigation. You may be entitled to back pay with interest and other damages if your case is successful. Learn about your next steps when you get in touch with an employment lawyer today.
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One thought on Nature’s Grill Hit with Unpaid Overtime Class Action Lawsuit
When can i file….