NY A.G.: Westchester's Elisa's Food & Plus Cited for Alleged Withholding of $35K in Wages

Elisa Parto, owner of Port Chester-based Elisa’s Food & Plus, Inc., was arrested Thursday in connection with the alleged failure to pay five former employees a combined $35,000 in wages and overtime, according to New York Attorney General Eric Schneiderman.

The four-year-old business employed cooks, cleaners and others and in some cases allegedly had those employees work more than 70 hours per week.

Below is the full press release about the case from the Attorney General’s office:

Attorney General Eric T. Schneiderman today announced the arrest of Elisa Parto, owner of the restaurant Elisa’s Food & Plus, Inc., in Port Chester, NY. The owner and company are charged with failing to pay more than $35,000 in legally required minimum wages and overtime to five former employees. If convicted, Ms. Parto faces up to a year in jail.

“My office will take aggressive action, including criminal charges, where appropriate, against business owners who fail to properly compensate their employees for hours worked,” Attorney General Schneiderman said. “Protecting the livelihoods of hardworking New Yorkers is a priority for my office.”

Elisa’s Food & Plus, Inc., located at 73 Poningo St. in Port Chester, NY, opened for business in 2010. Over the last several years, Elisa Parto hired cooks, cleaners and cashiers who were all owed the minimum wage for hours worked, as well as overtime at one and one half times their regular rate of pay for all hours worked in excess of 40 hours aweek.

New York Labor Law also requires employers to pay wages no later than seven days after the end of the week when the wages were earned. The defendant allegedly failed to pay the legally required minimum wage and overtime to at least five former employees who sometimes worked more than 70 hours a week between 2010 and 2014. According to court papers, the defendant owes workers a total of more than $35,000.

Parto and Elisa’s Food & Plus, Inc. were arraigned in Port Chester Village Court today. Each faces multiple counts of Failure to Pay Wages under Labor Law Section 198-a(1), an unclassified misdemeanor. Elisa Parto faces a maximum jail term of one year, and both she and her company face maximum fines, in addition to restitution, of $5,000 for each count.

The charges are accusations, and the defendants are presumed innocent unless and until proven guilty in a court of law.

The case was investigated by Attorney General Investigator Edward Ortiz , Supervising Investigator Luis Carter, Deputy Chief Vito Spano and Chief of Investigations Dominic Zarella.

The case is being prosecuted by Assistant Attorney General Matthew Ross. The Labor Bureau Criminal Section Chief is Richard Balletta. The Bureau Chief is Terri Gerstein. The Executive Deputy Attorney General for Social Justice is Alvin Bragg.