Lawsuit Claims NJ’s Matthews Diner & Pancake House Deprived Former Employee of Lawful Minimum, OT Wages

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A former dishwasher and preparation cook has filed a proposed collective action against Matthews Diner & Pancake House alleging he is owed unpaid minimum and overtime wages.

The plaintiff claims he worked approximately 54 hours each week from 2010 to July 2018 for a fixed weekly salary of $300, which translated into an hourly rate that fell below the federal minimum wage, the lawsuit says. The suit seeks to recover lawful minimum and overtime compensation for an “FLSA Collective [that] consists of approximately twenty similarly situated current and former Kitchen Workers of Matthews Diner” who, within the last three years, were allegedly deprived of appropriate wages under the FLSA.

The suit, which names Matthews Diner, Inc. and one individual who collectively own and operate the Bergenfield, New Jersey restaurant as defendants, cites alleged violations of the Fair Labor Standards Act (FLSA) and New Jersey Wage and Hour Law (NJWHL).