New Collective Action filed vs. The Cheesecake Factory Restaurant, Inc.

John Guglielmo, and Craig Wilhelmy v. The Cheesecake Factory Restaurant, Inc., Case No. 15-cv- 03117

On May 28, 2015, Lead Plaintiffs John Guglielmo and Craig Wilhelmy individually and on behalf of themselves and those similarly situated filed a class and collective action lawsuit in United States District Court – Eastern District of New York vs. The Cheesecake Factory Restaurant, Inc. Plaintiffs work/worked for Defendant, a popular restaurant chain, as servers collectively from October 2006 through the present. They allege that they worked over forty hours per week throughout their employment. However, Defendants failed to pay them the proper minimum wage or any rate of pay for hours worked in excess of forty, or the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that they worked per week over forty hours per week, or as the New York Labor Law, New York Compensation Codes Rules and Regulations, and the Federal Fair Labor Standards Act require. Furthermore, Defendants failed to pay Plaintiffs at their regular rate of pay for each hour that they worked in accordance with their terms of employment. In addition, Defendants failed to furnish Plaintiffs with accurate wage statements on each payday as required by the New York Labor Law. Further, Defendants failed to pay Plaintiffs call-in pay, and required Plaintiff to purchase uniform shoes directly from Defendant, and took out the cost of these shoes from Plaintiff’s salary.

If any person worked for any defendant named in the lawsuit during the time period of May 28, 2008 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, or by phone at (516) 248–5550 or (516) ABOGADO.