Maze by Gordon Ramsay at The London NYC is accused of failing to pay its workers overtime, according to a lawsuit filed May 2, 2011 in Manhattan federal court. The restaurant was in the headlines last month when Chef Janet Kim claimed sexual harassment was running rampant in the famous restaurant. A former chef at the restaurant alleges in a class action complaint that employees were required to sign employment agreements which improperly classified them as “exempt” from the requirements of the Fair Labor Standards Act (“FLSA”). Full Article.
Although the FLSA requires that hourly employees in the United States be paid overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek, the FLSA provides an exemption from overtime pay for employees employed as bona fide executive, administrative, or professional employees. In a restaurant, the exempt category most likely to apply is the executive employee exemption. To qualify for the exemption, the employee must make at least $455 gross wages per week, supervise at least two full time employees or the equivalent, and the employee must have as their primary duty “management of the enterprise or of a customarily recognized department or subdivision thereof.” Department of Labor regulations (29 C.F.R. 541.301(e)(6)). If an employee does not fall qualify for the exemption, the restaurant must pay overtime. If the restaurant fails to pay overtime, the employee may sue to recover his or her lost wages.
The attorneys of Leeds Morelli and Brown, P.C. are experienced and determined employment law practitioners who will fight hard to make sure your rights are preserved. If you find your employer is engaging in questionable discriminatory behavior, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888- 5 JOB LAW or our firm’s website at www.lmblaw.com.