On October 25, 2017, Long Island employment lawyers Famighetti & Weinick, PLLC obtained a $39,541 judgment for their client, a former cook in a restaurant. The lawsuit, filed in Supreme Court, New York County, alleged that the restaurant did not pay the client overtime and failed to provide with her wage statements as required by New York Law.
New York Overtime Laws
In New York, employers are required to pay their employees overtime pay for all hours worked over 40 in a week. Generally, overtime is one and one half times the employee’s regular rate of pay. In F&W’s case, the employee worked as much as 75 hours per week, but was paid only a flat “salary” rate of $520 in cash. So, F&W argued that the $520 represented payment for only the first 40 hours worked in the week, meaning the employee was owed regular wages plus overtime wages for up to 35 hours per week. Justice Nancy Bannon agreed with F&W and further agreed that the employee was entitled to unpaid wages totaling $17,452 for the 6 months the employee worked for the restaurant.