Federal Lawsuit Against Local Diner Alleges Wage Theft

An man who was employed at a Hudson Valley diner claims he regularly worked 75 hours a week for just $600, the restaurant denies all allegations.

According to the Daily Freeman, The Broadway Lights Diner in Kingston is the target of a federal lawsuit that claims the restaurant violated New York labor laws and the Federal Fair Labor Standards Act.

The lawsuit was filed by Miguel Perez Mendez, who worked as a dishwasher at the diner  for a year starting in October of 2012. The suit says that Mendez was denied overtime pay, working up to 75 hours per week. Mendez claims that he was also not give spread hours of pay, which according to New York law, means that workers are owed an extra hour of pay at the minimum wage rate when the interval between the beginning and end of an employee’s workday exceeds 10 hours.

The Broadway Lights Diner & Cafe told the Freeman through legal counsel that they deny all of the allegations and that all of their employees are paid in accordance with the law. Mendez says he left his job at the diner because he felt he was being treated unfairly. The plaintiff's lawyer says that she is not aware of her client's legal immigration status, however the Fair Labor Standards Act applies to everyone, regardless of what their immigration status may be.

Other employees at the Kingston diner have not yet stepped forward, but Mendez's lawyer says that her client has spoken to his former coworkers and hopes the lawsuit will educate them about their rights.