Three Star Diner Served with FLSA, New York Labor Law Claims

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A Queens resident has filed a proposed collective action against his employer, which does business as Three Star Diner, as well as the company’s CEO and two managers. The plaintiff, who worked as a server for the defendants from October 2013 to the present, alleges he was denied minimum and overtime wages, as well as spread-of-hours pay. The suit claims that throughout the plaintiff’s employment, the defendants paid him $5.00 per hour, including for overtime hours, even after the tipped minimum wage increased to $7.50 at the end of 2015. Furthermore, the suit claims that the defendants improperly applied a tip credit because they didn’t provide notice regarding the tip credit to the plaintiff and other servers, and also failed to furnish workers with wage statements.