Wage and Hour Division (WHD)

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NEW YORK -- The U.S. Department of Labor has sued four Long Island restaurant and catering establishments for alleged violations of federal minimum wage, overtime, record-keeping and youth employment requirements of the Fair Labor Standards Act (FLSA).

“The Department of Labor is committed to ensuring that workers, especially low-wage workers as in this case, are paid the full wages required under the law,” said Al Robinson, Administrator of the Department’s Wage and Hour Division. “We will not hesitate to file court actions to recover back wages for workers and protect workers from retaliation.”

Named in the suit, filed in the U.S. District Court for the Eastern District of New York, are: Scotto’s Smithtown Restaurant Corp.; Scotto Bros. Restaurant, Westbury, Inc.; Scotto Bros. Woodbury Restaurant, Inc.; DVVA Carle Place Restaurant, Inc.; Anthony Scotto; Vincent Scotto; Victor Scotto; Domenico Tallarico; and Vincenzo Pugliese. The named individuals are being sued as individuals and as officers of the corporations. The named corporations are doing business as the following: Scotto’s Water Mill Restaurant, Smithtown, NY; Westbury Manor, Westbury, NY; Fox Hollow, Woodbury, NY; and Chateau Briand, Carle Place, NY.

An investigation by the department’s Wage and Hour Division revealed that approximately 2,700 current and former low wage employees in these establishments, especially members of the kitchen and wait staffs, were required to work many hours per week without being paid at least the federal minimum wage or proper overtime compensation. The defendants also failed to maintain adequate and accurate records of their employees’ wages, hours and other conditions of employment according to the investigation findings.

In addition, the Labor Department lawsuit alleges that the defendants employed minors “under conditions which constitute oppressive child labor” by requiring the young employees to work excessive hours. The court complaint alleges that the defendants retaliated against an employee because she cooperated with the Labor Department investigation.

The FLSA requires that employees be paid at least the applicable minimum wage; time and one-half their regular rate of pay for hours worked over 40 per week; and that accurate records are maintained of employees’ wages, hours and other conditions of employment. The law also prohibits retaliation by employers against employees for cooperating in an investigation and regulates the employment of young workers under age 18.

The Labor Department’s lawsuit, filed on Nov. 17, 2004, alleges that the violations have taken place since Nov. 11, 1999, and asks the court for a judgment prohibiting the defendants from future violations of the FLSA. The complaint also asks the court to order the payment of all due back wages, including minimum wage and overtime compensation, and equal amounts of liquidated damages or prejudgment interest.

The department’s Wage and Hour Division office in Westbury, NY (516-338-1890), investigated this case, and the lawsuit was filed by the department’s Regional Solicitor’s Office in New York City. For more information about the requirements of the FLSA, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.