A former counter person claims in a proposed collective action lawsuit that A.N.G. Diner Corp., Halkios Restaurant Corp., and Xiotis Rest. Corp—which operate the Silver Spoon Diner in Elmhurst, New York—and three individual defendants failed to paid proper overtime wages pursuant to the Fair Labor Standards Act (FLSA) and New York labor laws. The plaintiff, who says he helped prepare food in addition to working as a counter person until September 2016, alleges he worked 9 and a half hours per day six days a week—for a roughly of around 57 hours per week—without being paid at the time-and-a-half hourly overtime rate. Additionally, the plaintiff says he and similarly situated workers were never required to track their hours worked or provided with pay stubs.
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