Firm represented a non-managerial kitchen staff worker against Artichoke Pizza Management LLC, d/b/a Artichoke Basille’s Pizza, and Artichoke 39, LLC, d/b/a Artichoke Basille’s Pizza, and Artichoke Bushwick, LLC, d/b/a Artichoke Basille’s Pizza, and Artichoke Bay Ridge, LLC, d/b/a Artichoke Basille’s Pizza, and Artichoke Park Slope, d/b/a Artichoke Basille’s Pizza, and Francis Garcia, individually, Sal Basille, individually, for unpaid overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law. Generally, the Plaintiff contended that the Company required him to work more than forty hours in a workweek, however, Defendants paid Plaintiff on a hourly basis at his regular rate for all of the hours that Plaintiff worked in a week, and thus Defendants did not pay Plaintiff at the rate of one and one-half times his regular rates of pay for those hours that Plaintiff worked in a week in excess of forty. Additionally, Defendants further violated the NYLL and the NYCRR by failing to provide Plaintiff with spread-of-hours pay whenever his workday exceeded ten hours from start to finish; or to furnish Plaintiff with any wage statement on each payday or with any wage notice at his time of hire, let alone an accurate one. After engaging in mediation, the Defendants offered judgement and Plaintiff accepted allowing entry of judgment to be taken against Defendant and in favor of Plaintiff, the case concluded in a judgment in the amount of $100,000.00. Andrew C. Weiss and Michael J. Borrelli handled the matter on behalf of the firm.
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