The owners and operators of Liberty Grant Caffe have been accused in a proposed collective action of shorting employees on their due wages, among several other potential labor law violations. The plaintiff says he worked at the defendants’ diner as a dishwasher, delivery worker, and food preparer without being paid proper wages in accordance with the Fair Labor Standards Act (FLSA) and New York state law. According to the complaint, the defendants improperly applied a tip credit to the man’s wages but required him to spend more than 20 percent of each shift performing non-tipped duties. The man further argues that he regularly worked upward of 60 hours per week for much of his employment without being paid time-and-a-half premium wages for the hours he worked over 40 or an extra hour of pay when he worked more than 10 hours in a day.
The case also claims that the defendants failed to provide the plaintiff with proper meal breaks, accurate wage statements, or reimbursement for spending his own funds on items and services required to perform his job, including bicycles, vests, bicycle accessories, and maintenance.