NY Employment Defense Law Firm Wins Ruling in Wage & Hour Lawsuit on Behalf of Restaurant Owner

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Employment defense law firm, Stephen D. Hans & Associates, P.C. is pleased to announce that the U. S. District Court, Eastern District of New York has dismissed a wage and hour lawsuit brought by an alleged employee against a Howard Beach restaurant.

Employment defense attorney Stephen D. Hans stated, "For employers who, in the past, may not have had adequate record keeping practices, the Lugardo V. Prima Pasta & Café, Inc. ruling gives some hope that employers can still win and achieve justice."

New York law firm, Stephen D. Hans & Associates, P.C. is pleased to announce that the U. S. District Court, Eastern District of New York has dismissed a wage and hour lawsuit brought by an alleged employee against Prima Pasta & Café, a Howard Beach restaurant. Nils C. Shillito, an attorney with the firm, represented Prima Pasta & Café at the trial.

According to court documents, the plaintiff in Lugardo V. Prima Pasta & Café, Inc.- Case: 11-CV-1222 (MKB) brought a claim against Prima Pasta for unpaid wages under the Fair Labor Standards Act and the New York Labor Law. Case records show the plaintiff claimed that he worked full time as a dishwasher and later as a pizza preparer for the restaurant. However, the restaurant strongly disputed the allegations, as the plaintiff had actually worked for the restaurant only on a select few occasions, serving private parties.Although Prima Pasta did not have any records of the plaintiff’s time worked and wages paid because he never worked on a regular basis, the owners contested his claims through their own testimony and that of the restaurant’s manager. Despite the restaurant’s lack of records, the court found that the plaintiff’s testimony lacked credibility and dismissed all of his claims, closing the case on April 4, 2013.

Attorney Stephen D. Hans explained the significance of the ruling. “Employers must keep detailed employee time and payroll records to be able to defend against wage and hour lawsuits and Department of Labor investigations with confidence. However, for those employers who, in the past, may not have had adequate record keeping practices, the Lugardo V. Prima Pasta & Café, Inc. ruling gives some hope that employers can still win and achieve justice.”

About Us – For more than three decades, Stephen D. Hans & Associates, P. C. has represented small and mid-sized New York businesses involved in labor disputes, employment lawsuits and employment-related government agency investigations.

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