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Overtime lawsuit against Benihana steakhouse Haru

Posted on Dec 29, 2011

Japanese steakhouse sued for overtime, spread of hours pay
Haru, a Japanese cuisine restaurant owned by Benihana Inc., is in hot water this week over an overtime lawsuit filed by workers at six Haru locations. The restaurants, known for their flying knives and charismatic chefs, are owned by Benihana Inc. Workers claim in the lawsuit that they were not paid time and a half for overtime pay and also were not compensated with New York’s regulations of spread of hours pay. Benihana owns Haru and RA Sushi restaurants.
The two wage and hour statutes that apply in this case are the federal Fair Labor Standards Act, and the New York spread of hours pay regulations.
Overtime pay under the Fair Labor Standards Act
The federal labor laws dictate that non-exempt workers who work more than 40 hours a week should be paid time and a half for overtime hours. Almost 90 percent of the workforce is eligible to receive overtime. If your employer tells you otherwise, you should contact our office to have a free review of your job duties.
New York Spread of Hours Pay
New York has an additional wage and hour provision called Spread of Hours pay. If an employee works over 10 hours in a day from start to finish, even if there is a mid-day break, that employee must receive an additional hour’s pay at minimum wage. This is the New York spread of hours regulation.
If you need an employment lawyer to review your pay stubs for free, send us a confidential contact form, or call us today at 888-449-2068. You can also order our free book to learn more about wage and overtime pay.
FAQ: What is spread of hours pay?
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