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Italian Restaurant Withheld Cook's Overtime Pay for 6 Years, Suit Says

By Shaye Weaver | April 3, 2017 11:32am

UPPER EAST SIDE — A former line cook at a Second Avenue Italian restaurant claims he was not paid overtime wages for years despite sometimes working more than 60 hours a week, a new lawsuit says.

Queens resident Segundo Saldana worked for Zucchero E Pomodori at 1435 Second Ave. for 22 years but failed to receive overtime payments for the last six of those years, according to a lawsuit filed last week State Supreme Court.

Saldana, who worked for the company from 1995 through Jan. 28 of this year, said he regularly worked shifts that lasted eight to 12 hours — anywhere from 47 to 63 hours a week — but went without overtime pay during the final six years, the suit notes.

He also didn't receive spread-of-hours compensation entitling him to an extra hour of pay for any days he worked longer than 10 hours, as required by state law, the suit says.

During that time, between March 2011 and January 2017, he was paid roughly $750 to $875 a week. He named the restaurant's owners, Alam Tarek, Islam M. Sayem and Anthony Fratantoni, as defendants in the suit.

Neither Zucchero E Pomodori's owners nor Saldana's attorney returned a request for comment. 

The suit is seeking to collect the unpaid wages, with interest, as well as attorneys' fees and costs.