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CAROLINE MANZO: BigAl Manzo, Tommy Manzo… Depositions In Six Days…For Not Payin’ Employee for 850 Overtime Hours!

December 13, 2012

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The case against the Manzoids and the Brownstone continues.

The plaintiff alleges that da Manzoids did not pay him for 850 hours of OVERTIME work… and BigAl and Tommy Manzo are scheduled to speak with attys next week.

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NOTE:  850?  Eight-Five-Zero?  At what point did the guy finally discover that he wasn’t bein’ paid for allegedly workin’ overtime?  Did a little ping go off in his head when he was setting up the buffet for a Real Housewives of New Jersey viewing par-tay?  Did he finally think “Didn’t I do this LAST year… and my paycheck was short?”… and then he took a very close look at his paperwork and said, “SHOOT!  I KNEW I worked more than 40 hours that week!”  

If the 850 overtime hours were over a span of one year, this means that the guy worked at least 16 extra hours per week… and he didn’t know it!  REALLY??  How does that happen???

They must hire some very bright people at da Brownstone… who are obviously “substantially damaged” BEFORE they were hired!

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73 comments on “CAROLINE MANZO: BigAl Manzo, Tommy Manzo… Depositions In Six Days…For Not Payin’ Employee for 850 Overtime Hours!

  1. Well maybe the guy thought he was “salary” instead of “hourly”? I wish I could sue my job for OT but I’m salary. I work at least 10 hours a day, that’s an extra 10 hours per week x 52 = 520 hours a year they get out of me. I say Stick it to the Man-zos! LOL

    • It’s got to be something like that. I suspect the plaintiffs left their jobs (for whatever reason) and found out they were owed pay (allegedly). Either that, or they were afraid of speaking up during their employment, for fear of losing their jobs. The time cards and pay stubs will prove the case.

    • When I ran our restaurant I can’t tell you how many employees begged for the extra hours instead of my hiring another employee. It’s more complicated than it seems.

      • I agree. Its way to complicated. As a business owner, if they were hired as salary, they are out of luck. I would think as someone said here, if there really was a claim, I am thinking the labor division in the State would have taken care of it. I can’t wait to get the whole story on this one.

        • They were likely salary, maybe a banquet manager, either got fired or got pissed and quit and decided they would try this to get even. I can’t stand the Manzo’s, but you do not work that much OT without getting paid, and then all of a sudden think you were entitled to it.

    • Maybe Al did what Joe and others do in that area. Saying that they will get them back later in the month or next month because of money flows and if that don’t work intimidate and say they could lose their job etc. etc.. And then the person backed down until he finally decided to fight.

    • It looks like the five plaintiffs are claiming they are non-exempt employees who had to thumb scan the time clock – and they have called those records into evidence, and also assert that they were required to work in excess of 40 hours per week and that the employers were aware of those additional hours worked (whether or not they are reflected in the biometric time clock records). If the labor board did find in their favor they may have to sue in civil court to get a judgment that they can then abstract and file against the brownstone’s and al and tommy’s assets located within NJ. Good luck to those poor schmoes who worked for the brownstone. I’m sure it was living hell all around.

      • Hourly employees use time clocks. The Fair Labor Standards Act (a federal law) requires payment of overtime (1.5 times the hourly rate) for hours worked over 40 hours per week. Since it is a federal law violation, this case is in federal court.
        Manzoids cheated their employees. Federal law requires a record to be kept for hourly employees. Supervisory emploiyees do not have to keep time records.

        • As much as I view the whole NJ cast, including the Manzos, as the tackiest, most amoral, primitive, ignorant people I’ve ever seen, I don’t think we can conclude quite yet that the Manzos robbed their employees. Until the judge/jury makes a decision, we can’t decide if they’re guilty or not (though I think they are).

  2. I would have to say you are right Ms.SH most people know exactly how many hours they work each week down to the second. LOL. Do they have to clock in and out? The time cards would be proof enough. Most pay stubs also show your hours. If these people were paid in cash then I don’t think they can prove a thing but then a reputable establishment like the Brownstone would never do that. Those employees would be cutting their own throats for not declaring the wages. I know to quite famous Chefs Mario Bertalli and Bobby Flay who cheated their employees out of overtime, the employees took them to court and boy did they have to pay. It was all over the papers. Good luck employees!!!! :-) :-)

  3. Were they not paid for the overtime hours at all or were they paid regular rate instead of the overtime rate of time and a half for the overtime hours? Maybe they did not know they were entitled to be compensated at a higher rate for overtime work.

  4. Well youd have be less than smart to work under Critterfur’s lead or next to Lapband L. or Big Al (who tends to dose a little before he destroys someone) in the first place. And if you were’nt damaged before hire, after exposure to those dimwits, brain cells would be the least of your losses.

  5. He may have been trying to work this out with them for quite some time and finally had to get an attorney? Hmmm……………

  6. I have to laugh at this. If this was true the NJ Department of Labor would have found them liable and they would have been paid. Apparently the board did not find cause and they were not paid for the OT that they probably never worked. Now they have taken it to civil court where they believe they can win. Remember this is less burden of proof in the civil arena. I would wager that after discovery, this suit will disappear without a dime in compensation. I do believe the Manzo’s can file for the “plaintiffs” to pay their attorney.

    • They could have gone to the Department of Labor and won their case, but the DOL doesn not enforce payment. Sometimes you have to go to court to get the judgment money. Though that doesn’t really sound like the case here.

    • This is a federal law being broken. The State of New Jersey cannot enforce a federal law. The state can get you wages that you were not paid, but overtime is subject to the Federal Fair Labor Standards Act. This law has been on the books since the 1930s.

  7. It seems (from the document) that the suit is being brought by 5 employees, not just one. Maybe that 850 hours was the total number of hours for all of those employees (170 hours of overtime each). That’s the way I interpret it, anyway (please correct me if I’m wrong). I think commenter “kh” has a good point–maybe they’ve tried for a while to get their paychecks “corrected” by the Manzos without success, so they felt compelled to bring suit.

  8. My guess is…this isn’t about the amount of hours “worked” on the time cards. It may be about the hours worked NOT on the time cards. It’s not unusual to be told by a boss, for example: You can’t work over 8 hrs in your shift, or over 40 hours total for the week; because that will mean overtime and you can’t do that; at the same time, the employee, chef, bartender, etc. is also told “this or that HAS to be done today!”
    Basically, the pressure to get 12 hours worth of work done in 8 hrs is grueling. In this type of case an employee often punches in and out for lunch, but never actually gets to take lunch. The employee punches out of work on time but stays another two hours, to finish there work. Depending on how the employer treats the employee may be why the employee “bites the bullet” on the lost wages, the employee may also feel intimidated…drawing attention to this “issue” can cost his/her their job, or the employer may just add more pressure to their job…causing even more stressful conditions.
    I worked at restaurants for years…many years ago. I often worked overtime, w/o OT pay. When your not on a salary, you often aren’t given benefits, or bonuses. I think this happens quite a lot. During the years I was taking classes, I even worked at two different grocery chains. One was union, one was not. Surprisingly, it was the chain with a union where this OT-loss of wages occurred ALL the time. Punch in and out at your “exact” scheduled shift…keep on working!
    It’s hard to know w/o seeing the time cards. It’s also difficult to know w/o knowing this employee’s position at the restaurant. I don’t think this is a simple case of an employee just not “noticing” he wasn’t being paid fairly. He may very well have been taken advantage of…thru bullying like tactics and just finally got fed up. The Brownstone isn’t some small “Mom & Pop” struggling restaurant where there might be some family-like loyalty to make the business succeed.

    • When i worked in TACO Hell in HS we were told we had to punch out by 10oo or 1030 i believe it was even if we were not finished with the clean up. to abide by the child labor laws and keep payroll cost down. I was to young and to stupid to complain plus i had a car to support.

    • Speaking of the sauce, I was curious and looked at The Brownstone’s website. The price of the sauce (price of sauce + shipping) comes out to $11.31 per jar! No sauce is worth that kind of money, unless it’s made with gold-plated tomatoes.

  9. Very true. Funny how these shows have turned into “Anything for a buck.” I know the name of the game is to have a show become popular so they can make funds when companies buy “air time” for their commercial, but this everyone has a product stuff – is just getting silly.

  10. SH—You forgot that there are FOUR people filing the complaint..so on average four people would work then four hours overtime a week. Maybe they thought they’d eventually be compensated? I don’t know, but my guess is that they are probably low-balling how many overtime hours they actually worked. I’ve seen people be intimated all the time by not “taking one for the team” and staying longer without pay.

    • I’ve been thinking about it and perhaps the employees kept asking for their overtime and were just put off by the employer so they decided to take action. There are a lot of good lawyers in Passaic/Paterson that just love these kind of cases.

  11. Maybe this poor guy kept asking for his just pay and continuously got the run-around, forcing him to sue to get what $$ are owed to him.

  12. From what I’ve heard one of the larger “marts” won’t mention the name , let’s just say the one with zombies roam around to kill time :P lost a case regarding this very same thing awhile back. I don’t know if it was a civil or the government going after them, but they are very careful about it now. I’ve even seen one older cashier fuss at a newer one for not taking a break , she kept saying ‘You’re gonna git (get) in trouble!.” It was sort of funny but I totally understood why. They say the store is taking the breaks & overtime thing really seriously now.

      • That was funny Lisa :). Who can blame those employees for being so miserable… look who they work for. Did you know that the employees at “WM” gave a percentage of their paycheck to donate to “Hurricane Katrina” victims, years ago. They raised a large and admirable donation. The owners of WM not only didn’t participate, but made some embarrassing low, or non existent, donation to this cause. I mean c’mon. The owners are worth Trillions…they pay kids in China $9.00 a week for 80 hours of work and then pay U.S. employees minimum wage to work at those marts. In many parts of the country I would even question the benefits, if any, the employees get? To think, the success of that store all started under of guise of products being made in the U.S.A.

        • I am SAD to say that I actually worked at Wal-Mart for a little while……long enough to realize my life did NOT need the kinda drama that store was carrying! Good Lord! The things I found out, just in the short amount of time I was there, made my head spin! One, of the many incidents, was that the Head Manager of the store, was caught stealing money from the company, and he was TRANSFERRED to another store!! I was flabbergasted! Especially because a regular employee was caught, stealing money, & they fired him, right then & there!
          There are only 2(TWO) Walmarts, in the entire United States, that employees genuinely LOVE their jobs! At least, that’s the general opinion from talking to other employees & out of state employees.

  13. Oh well.. I went to an event there and just look around and see the type of people he hires.. I wouldnt be surprised if he picked up his regular crew on the corner in Morristown each day.. ya know what im sayin? ei carumba.

    • My Cousin knows folks who have been to events there, and they say the food is not that good, and the place isn’t as great as they want to make everyone believe it is. I’ve never been there. Have any of you SH readers? I’d be curious to hear someone else’s POV.

      • My friend and her Husband go frequently for policital events and she had her Baby shower there as well she said she has never had a bad meal there and was treated very nice by Al and Tommy and the others that she had contact with. But some people have different tastes i know i go to restuarants i think are good and someone i know dosnt like them.

    • Sorry most of us aren’t that invested, it’s just a show. I won’t even mention that I wouldn’t vote for Teresa if she was the only housewife in the running. JMO

  14. Maybe they kept asking for their money and were told, we know next week and they were being led to believe they would pay them but were being put off..

  15. My ex-husband was in a similar situation with his co-workers. His supervisors changed their timecards to reflect fewer hours worked so they wouldn’t have to pay them overtime. This was for one of those quasi-governmental agencies, too. We are talking hundreds of hours per employee over the course of several years because they worked 12-hour shifts. The case went to court, and it took five years for it to be adjudicated in their favor. Needless to say, they all got huge checks for all the overtime they worked, AND kept their jobs.

  16. I has a problem like this at my job (I don’t live in USA, so rules will be different). I was working more hours than I was getting paid for and was told that when I accumulated 8 hours I could take time in lieu (Which basically means I get payed for a days work without having to actually go to work). This was not written in my contract and I was actually entitled to get payed overtime as I worked at an hourly rate and not on salary. I was happy to take this compromise to help the business and I thought It would give me some extra flexibility. The problems arose when I tried to take the time in lieu, and I was told everytime that “you can’t do it this week” etc. I was doing about an extra 5 hours a week, but I only let it get up to 60 hours in total before I basically confronted my employer and gave them the ultimatum that I get to take the time in lieu or I get payed at the overtime rate (as I was legally entitled). I was basically told to go get ****. It took me one call to industrial relations and one phone call to the parent company and copies of all of the extra hours that I had worked (I kept a daily written log of extra hours and made my boss sign off on it daily to agree that I had worked the extra hours) and I was given the option to take the time as holiday leave or get paid out. I was slightly upset by this point so I demanded the money and was paid the next day.

    If anything this was a good learning curve for me. I will keep about 8 hours of time in lieu up my sleeve to have some flexibility (for family stuff and doctors/dentist appointments) other than that I work the exact number of hours I am payed for and take all my breaks. It’s probably worth noting that I do work in an office, so it’s not like I am in the service industy, and I get all of my work done within the working hours because I actually work during that time. No facebook, no online newspapers, and no mindless gossiping around the water cooler. When I am at work, I work.

    • I have had situations like that some up at a place I worked before. Its a logistical nightmare ESPECIALLY when the worker taking advantage of it is like you , a very valuable team player who does the work of two slackers in an average day. I am glad you finally got it resolved. Sorry you had to go over their heads to get it done. It shouldn’t ever be that way.

  17. I worked for a catering place and many times we were told our checks would be late cause many of the parties that booked the hall did not pay up on time and because the owners were good people we agreed>

  18. I was reading the court papers and I might have read it wrong but it looks to me that it is several employees that are taking the brownstone to court. If its multiple people could that 800 plus hours split between several people so maybe the hours are not as exorbitant if split between them all. Am thinking if that’s the case then several employees were being unpaid for hours spread out for a period of time so not so noticeable until one of them noticed it and they all started to check out their pay stubs for unpaid overtime. Its just a thought……..

  19. I agree with Buck Henry. This guy probably needed his job and had mentioned to the M’s that he was owed OT money, they put him off with something like the “cash flow problems” Buck Henry mentioned. Finally, there was some kind of an incident (he was fired, he was insulted, who knows?) that put him over the edge and made him realize he was probably never going to be paid.

    • I agree, too. Years ago I worked for a company that hired a lot of help from Asians, here legally. The employer would make folks clock out at their scheduled shift end and then clock back in using a different time sheet. In essence, he paid them straight time for all the hours they worked and trust me, he didn’t pay them what they deserved at all. I once mentioned to one of the employees that it was against the law and we could report him but she begged me not to say anything, stating that most of them, their English wasn’t very good and they were afraid they would be fired and unable to find another job. Some of these ladies would work 60 and 70 hours a week. The employer was a real creep…

  20. Maybe I need to refer to older blog posts so I apologize before hand but…what is the deal with Tommy Manzo? Do he and Dina have a relationship or is the marriage for show? I’ve heard he cheats on her or he lives another place with another woman….yadda yadda. Whats the deal?

    • Bitsy: Yes, you need to take advantage of the “search” bar and/or the “categories” drop down menu, which can be found on the right… to find the answers to your questions. The Tommy Manzo/Dina Manzo “relationship” has been presented, discussed and dissected years ago on SH. We greatly appreciate those who do their own research… and the tools are easily accessible right here on SH. SH leads, other sites follow. TFC!! SH

      • Being alittle nasty are we? They were just asking a question. I didn’t know the answer either. Jez!

  21. No matter what it is, the Manzos are guilty, guilty, guilty! The shadiest sketchy-est people ever. Round them up and arrest all of them!

  22. Someone else could’ve said this, in the comments…..but, my first thought, when I saw the amount of OT hours, was that it’s possible he was waiting to see if the Manzos would correct the mistake. As in, he let them know that he had not been paid for the OT, they told him they would fix it, & he KEPT working OT, but his paychecks KEPT coming up short, so the OT hours just kept adding up, & the Manzos kept telling him they would take care of it, but never did……so this lawsuit was a “last straw” kind of deal. JMO.

  23. Why do these people never want to appear without a Court Order. Clearly they have something to hide if they don’t want to testify under oath

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