A proposed collective action has been filed against three operating companies of New York-based Esquire Diner and two individuals with control of the business over alleged violations of federal and state labor laws. One of the plaintiffs is employed as a busboy, according to the complaint, and claims he is illegally paid less than the legally permissible tip-credited rate. On top of that, the suit argues that he should be paid the full minimum wage because most of his duties are spent on non-tipped work.
The other plaintiff, who works as a cook, says he is required to work beyond his scheduled shifts without compensation. He claims he often works more than 40 hours per week – sometimes up to 96 – and does not receive time-and-a-half overtime compensation for the hours above 40.
Both plaintiffs argue that the defendants fail to maintain accurate records of their hours worked and have never provided them with required wage documents.