Newburgh Diner Owners Pay $60,000 To Former Waiter After Dispute

Owners of the Alexis Diner in Newburgh have settled with a former employee who claimed he was underpaid over the course of the four years he spent working there. The Times Herald-Record reports the settlement comes with no admission of guilt on behalf of diner owners Yiannakis Zacharia and Spyros Varnavides.

The waiter behind the suit, a man by the name of Eddy Andre alleged his hours were miscounted and part of tips were taken over the course of his tenure. In his complaint, he stated that he average over 60 hours a week during his first two years there, and more than 50 hours for the next two years. Yet was never paid time and a half for any of the weeks where he worked 40+ hours.

The Record states a settlement was reached after both parties met for mediation in the amount of $60,000. Legal representatives of the diner stated that this isn't an admission of liability but was made 'for the purpose of compromising a disputed claim'.

According to the New York State Department of Labor, nearly all covered employees are entitled to overtime premium pay for all the hours worked beyond 40 hours in the workweek.

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