Moonstruck Diner Lawsuit

Stamped Complaint – 13 Civ. 6977 (10-2-13)

On October 2, 2013, Fitapelli & Schaffer, LLP filed a complaint in U.S. District Court on behalf of cooks, food preparers and dishwashers (collectively the “Non-exempt Workers”) at Moonstruck Diners in New York. This class action lawsuit seeks to recover damages for unpaid minimum wages, overtime pay, and spread-of-hours pay.

The Non-exempt Workers at Moonstruck were paid a flat weekly salary despite working over 40 hrs per week. In this regard, it’s alleged that Moonstruck misclassified the Non-exempt Workers as exempt employees and failed to compensate them overtime pay for the hours worked in excess of 40. Also, at times, the weekly salaries failed to compensate Non-exempt Workers the proper minimum wage rate as required under federal and state labor laws. Finally, the Non-exempt Workers allege they consistently worked shifts spanning 10 or more hours and were not compensated one additional hour pay at the minimum wage rate.

We are seeking to represent all cooks, food preparers, and dishwashers employed by Moonstruck Diners in New York within the past six years. Eligible employees should call us, (212) 300-0375, to discuss joining the case, as there is a running statute of limitations.