Operators of Daisey’s Diner in Brooklyn Hit with Unpaid Wage Collective Action

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A former employee has filed a proposed collective action against BJG Food Corp., which operates Daisey’s Diner in Brooklyn, and two individuals with control over the business to recover allegedly unpaid minimum, overtime and spread-of-hours wages. The plaintiff, who worked as a food preparer and ostensibly as a delivery worker from March 2015 through February 2018, claims that although he was on the defendants’ books as a tipped delivery employee, he was required to spend more than 20 percent of each workday performing non-tipped tasks.

“This allowed [the defendants] to avoid paying [the plaintiff] at the minimum wage rate and enabled them to pay him at the lower tip-credit rate (which they still failed to do),” the lawsuit claims.

The plaintiff claims he typically worked between 62 and 66 hours per week—allegedly without meal or rest breaks, the case adds—without appropriate wages, often staying an additional one to three hours past his scheduled departure time.