The owners of the Alexis Diner have paid a former waiter $60,000 to settle a federal lawsuit in which he claimed the business underpaid him by miscounting his work hours and keeping part of his tips during the four years he worked there.
The waiter, Eddy Andre, had sued the diner owners, Yiannakis Zacharia and Spyros Varnavides, in October, about a month after he stopped working at the 24-hour diner on Route 9W in the Town of Newburgh.
In a complaint filed in U.S. District Court in White Plains, Andre alleged he worked an average of 63 hours per week during his first two years at the diner and 53 hours a week during the next two, but he was never paid his entitled time and a half for any week when he worked more than 40 hours.
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He also claimed the owners withheld 15 percent of his tip income and applied it toward his wages, and that they paid him partly in cash and without pay stubs or taxes taken out. His pay was $7.50 per hour plus tips.
Court records show the owners paid Andre a $60,000 judgment at the end of April after they offered him that amount and he accepted earlier in the month. The payment covered part of the compensation Andre claimed he was owed and his legal expenses, and came with no admission of guilt.
"This offer is not an admission of liability by the Defendants, but rather is made solely for the purpose of compromising a disputed claim," the diner's attorneys wrote when they offered the payment.
The settlement was reached after the parties held one mediation session and the court scheduled discovery sessions to gather evidence before a trial.
Chris McKenna: cmckenna@th-record.com. Twitter: @ChrisMcKenna845
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Diner pays $60,000 to former waiter who claimed he was bilked out of pay - Poughkeepsie Journal
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