Brooklyn Diners Sued for Wage Theft

Brooklyn Diners Sued for Wage Theft

December 28, 2016
December 27, 2017
Brooklyn Diners Sued for Wage TheftWaiter Pay logo simple

Former waitstaff at the Del Rio Diner and Vegas Diner claim in a lawsuit that the diners failed to pay them minimum wage, overtime pay and spread-of-hours pay. According to the lawsuit, waitstaff at both diners, including servers, line cooks, dishwashers, food preparers and hostesses, worked anywhere in a range of approximately 48 to 66 hours per week without receiving the full minimum wage or any overtime compensation. Additionally, the waitstaff claim the diners failed to pay any spread-of-hours premiums despite some employees working up to twenty hours in a single workday. The waitstaff allege that the diners paid them either a fixed weekly salary or an hourly rate, both of which resulted in rates under the minimum wage. For example, one of the waitstaff who worked as both a busser and server at the Del Rio Diner had his pay rate increase from $1.00 per hour to $2.50 per hour after working more than 20 years there. A server/hostess claims she was required to report that she made $5.00 per hour in tips regardless of how much she actually made so that after tax withholdings, her net wage payments were approximately $2.00 per hour.

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