Wage and Hour Suit Filed Against Floridian Diner by Ex-Employee

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The operating company and owners of Floridian Diner are on the receiving end of a lawsuit filed by a former employee who claims he was deprived of appropriate wages and illegally fired.

The plaintiff was employed as an hourly paid kitchen worker at the Brooklyn-based diner from December 2016 to March 2018, the suit says. The plaintiff alleges that he put in between 46 and 60 hours of work each week but was not paid for all time worked.

Specifically, the defendants routinely deducted one hour of pay each workday for lunch breaks the plaintiff claims he did not take, according to the suit. Additionally, the man alleges the defendants improperly rounded his logged work time to the nearest hour in their favor. Further, the man claims he did not receive proper time-and-a-half pay for his overtime hours nor spread-of-hours pay for shifts lasting more than 10 hours.

The suit goes on to allege that the plaintiff was terminated in retaliation for complaining about his unpaid wages. The plaintiff says he approached the defendants several times about being shorted for six hours of work every week, to which they allegedly claimed “that the lesser number of hours was due to tax withholdings.” After a month-long approved leave, the plaintiff was allegedly fired without reason. From the complaint:

“On March 2, 2018, the first day that he was scheduled to return to work, Plaintiff attempted to return to Defendants’ diner but was prevented from doing so by the supervisor…Specifically, [the supervisor] blocked Plaintiff’s path to the time clock and told Plaintiff that he was terminated.”