94 Corner Café Accused of Labor Law Violations

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A former employer of 94 Corner Café has filed suit against the diner’s operating company and three individuals with control of the business over claims that they failed to adhere to the Fair Labor Standards Act and the New York Labor Law. The plaintiff says he was employed as a delivery worker between April 2012 and May 2017 and was paid a fixed weekly rate regardless of the number of hours he worked. The complaint claims the defendants should have paid the plaintiff the full minimum wage instead of a tip-credit rate because he allegedly spent more than 20 percent of each day performing non-tipped duties and was never given notice of the tip credit.

Moreover, the suit argues that the plaintiff is owed unpaid overtime and spread-of-hours wages, as well as reimbursement for bicycles he purchased with his own funds to perform his job duties.

On top of that, the plaintiff says he was not permitted to take any meal or rest breaks and was never provided with accurate wage statements.