A cook at New York’s North Shore Diner has filed suit against the restaurant’s operating company and two individual owners over claims that they violated provisions of the Fair Labor Standards Act and New York labor law.
The plaintiff says he works approximately 62 hours per week at the diner and is paid a fixed weekly salary in a combination of cash and check. According to the complaint, the check reflects only his first 40 hours of work paid at a “significantly lower” rate than the plaintiff’s regular wage rate, and the cash is intended to cover the difference between the check amount and his salary. The suit argues that the plaintiff should be paid premium time-and-a-half wages for hours worked over 40 and spread-of-hours wages for all shifts lasting longer than 10 hours.
The suit further claims that the plaintiff is not provided with accurate wage statements and notices as required under New York labor law.