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Press Releases

U.S. Department of Labor
Wage and Hour Division
Release Number: 10-1795-NEW / BOS 2011-011

Date: 

January 6, 2011

Contact: 

John M. Chavez

Phone: 

617-565-2075

US Labor Department sues New York City hotel, restaurant and corporate president to recover employee overtime, back wages and damages


Department searching for all employees who may have been affected

NEW YORK -- The U.S. Department of Labor has sued Da Vinci Hotel Corp., doing business as The Da Vinci Hotel and Joe G’s Restaurant, as well as corporate president Giuseppe Galvano for allegedly violating the minimum wage, overtime pay and recordkeeping requirements of the federal Fair Labor Standards Act.

“The employees we found working under these conditions provided their employers with honest labor and should have received at least the federal minimum wage and overtime pay,” said Maria Rosado, director of the Labor Department’s Wage and Hour Division district office in New York City, which oversaw the investigation. “The department’s suit puts other employers of low-wage workers on notice that we will not hesitate to take legal action to enforce the law.”

The Wage and Hour Division began an investigation at The Da Vinci Hotel, which houses Joe G’s Restaurant. After conducting employee interviews and reviewing time and payroll records, the case was referred to the Labor Department’s regional solicitor’s office in New York City, which filed the lawsuit in the U.S. District Court for the Southern District of New York. The suit alleges that Galvano and the defendant corporation, located at 244 W. 56 St. in Manhattan, willfully and repeatedly failed to pay employees at least the federal minimum wage and to pay them properly for overtime hours worked since at least July 23, 2007. In addition, the defendants allegedly failed to keep adequate and accurate records of wages paid to and hours worked by employees.

The suit asks the court to permanently prohibit the defendants from future violations of the law and order them to pay employees minimum wage and overtime back wages due, along with an equal amount in liquidated damages or prejudgment interest.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular hourly rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law.

Current and former employees of The Da Vinci Hotel and Joe G’s Restaurant who have worked for these employers between July 23, 2007, and the present and believe they might be due back wages are encouraged to contact the Brooklyn office of the Wage and Hour Division at 718-254-9410. The Brooklyn office conducted the investigation in this case. For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at http://www.dol.gov/whd.

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Solis v. Da Vinci Hotel Corp. et al Civil Action Number: 1:10-CV-08989-PAC


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.