Flushing, New York: Troy Law, pllc, representing a baker at Fay Da Bakery, filed a Complaint for Collective Action in the Federal Court of the Eastern District of New York.
The Complaint alleges illegal meal deductions, overtime and minimum wage shortfall, to recover for Plaintiff and similarly situated employees their rightful pay and privilege under the law.
Under New Jersey and New York Labor Law, meal credits can only be deducted should both the employer and employee are in accord. Further, New York Labor Law defines a “meal” as encompassing at least four of the following categories: (1) fruits or vegetables, (2) grains or potatoes, (3) eggs, meat, fish, poultry, dairy, or legumes, (4) beverages. In Connecticut, a “meal” consists of at least three.
Some employers do not pay at a one-and-one-half hourly rate for overtime, as required under the law. For instance, they simply do not pay or pay their employees at the regular hourly rate. In this case, Fay Da Bakery requires employees to clock in and clock out, but required Plaintiff and similarly situated employees to continue to work even after they clocked out.
With greater awareness of labor laws on the part of employees in the service industry, we now frequently hear news of lawsuits involving minimum wage and overtime. News that employers let their employees go to preclude them from their workmen compensation are no longer new.
The damages awarded will depend on the number of employees who join the lawsuit, the length of work period, and the value of the shortfall. Attorney John Troy believes that lawsuits are not necessarily the best way to go. Settlements, if reasonable, offers a valuable way to recover lost or owed wages. Going to trial remains the second alternative, when the chances of settlement is exhausted.
For more information, or if you have any questions, please do not hesitate to contact our office at 718 762 1324. We offer a free initial consultation for employees.