A former employee of Cooking Light Inc., also known as The Garden Grill, recently filed an unpaid wages lawsuit alleging violations of the Fair Labor Standards Act (FLSA) and the New York Wage and Hour Law.
Plaintiff Laura G., a resident of Brooklyn, N.Y., files the unpaid wages lawsuit in New York federal court, accusing Cooking Light of failing to pay her minimum wage and overtime hours for hours worked more than 40 hours per week.
She argues any overtime hours must be compensated at a rate of 1.5 times her regular rate of pay, according to the FLSA and New York Wage and Hour Law.
According to the unpaid wages lawsuit, Laura says that she worked for The Garden Grill as a food server, dishwasher, and cleaner between November 2013 and November 2015. She also worked for the restaurant as a food delivery driver between September 2017 and December 2017.
However, Laura says that she was frequently scheduled to work full time, seven days per week, and would work at least 50 hours per week. Between September 2017 and December 2017, she was scheduled to work at least 65 hours per week as a food delivery driver, the unpaid wages lawsuit states.
Laura says The Garden Grill violated the FLSA by failing to compensate her at a rate not less than one and one-half times the regular rate of pay for hours worked more than forty hours per week. She additionally accuses The Garden Grill of further FLSA and New York Wage and Hour Law violations for paying her only $5 per hour, instead of the mandatory rate of pay $9 per hour as of Dec. 31, 2015.
FLSA Class Action Lawsuits
According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and Local governments.”
The Fair Labor Standards Act protects workers against minimum wage and overtime hour violations. Workers who believe they have not been given proper over-time pay or minimum wage may file a lawsuit for violations of federal and state labor laws against their employers for unpaid wages.
Since individual wage and hour claims for violations of federal and state labor laws may involve a small amount of money, however, it may be difficult for an individual employee to find an attorney who can take on the case. That’s why many individuals come together and assert their rights as a group. By filing an FLSA class action (or “collective action”), employees with similar claims can come together and pursue wage and hour violations in a single court action.
Taking part in a collective action against an employer for violations of federal and state labor laws has its advantages. Some advantages include an ease for finding an attorney, efficiency, and saving time and money. Additionally, if a worker has particularly strong wage and hour violation claims, a settlement may be done with an employer quickly, rather than taking part in a drawn-out court battle.
The Unpaid Wages Lawsuit is Case No. 1:18-cv-00101-JBW-SJB, in the U.S. District Court for the Eastern District of New York.
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