Boca Juniors, the well known Argentine restaurant in Queens, New York which caters to soccer fanatics and steakhouse enthusiasts, has been sued by a former employee. A lawsuit was filed on August 31, 2017, by Fitapelli & Schaffer, LLP on behalf of a former back of the house employee. The former kitchen worker is seeking unpaid overtime compensation, unpaid spread of hours pay, and other damages.
The lawsuit alleges that Boca Juniors Steakhouse and its owners instituted many policies and practices that violated worker rights under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). In this regard, the lawsuit alleges that Boca Juniors Steakhouse failed to pay the Plaintiff, who worked as a back of the house worker, the required overtime pay he was entitled to under the law. Under the FLSA and NYLL, all non-exempt workers are owed no less than 1.5 times their regular rate of pay for hours worked over 40. In addition, when the Plaintiff’s workday was longer than 10 hours, Boca Juniors failed to pay one extra hour at the applicable minimum wage rate. Under the NYLL, this extra hour of pay is known as “spread of hours” pay. Spread of Hours pay is required for almost all hospitality workers.
Back of the house workers in the restaurant and hospitality business, such as cooks, line cooks, prep cooks, dish washers, and porters, often do not receive proper overtime compensation and other owed wages for all hours that they work. The attorneys at Fitapelli & Schaffer are dedicated to ensuring that all workers receive their rightfully owed wages under the FLSA and NYLL. Please contact the employment lawyers at Fitapelli & Schaffer, LLP for a free phone consultation at (212) 300-0375 or visit our website at fslawfirm.com for more information