Former Employees Accuse La Diagonal Agaveria of Multiple Labor Law Violations

New to ClassAction.org? Read our Newswire Disclaimer

Five former employees of New York Mexican restaurant La Diagonal Agaveria have filed suit against its operating company, Admiral Services NY LLC, and an individual with control of the business. The suit alleges the ex-employee plaintiffs – two cooks, a busboy, a server, and a waitress – were not paid proper wages and were denied various other entitlements under federal and state labor laws.

The plaintiffs say they were not paid for all the hours they worked, which the defendants allegedly failed to record, and did not receive proper time-and-a-half overtime wages for the weekly hours they worked above 40. The tipped plaintiffs claim they were required to spend at least 20 percent of each shift performing non-tipped duties and were not notified that the defendants would be taking a tip credit against their wages, which the suit argues are two requirements that must be met before an employer is entitled to include tips as an offset to employees’ wages. The plaintiffs further claim their employers illegally retained some of their tips, in violation of state law, and failed to pay them spread-of-hours wages for shifts that lasted longer than 10 hours. These practices allegedly caused the plaintiffs’ pay to fall below minimum wage.

In addition to the alleged wage violations, the defendants failed to provide employees with required wage notices at their time of hire and weekly wage statements, the suit claims.