Mount Kisco Diner sued again for alleged labor law violations
The month after the owners of Mount Kisco Diner agreed in federal court to get training on responsible labor practices as part of a $900,000 settlement last year with 11 former employees, the diner allegedly coerced several workers to relinquish their labor law rights.
On April 15, nine former employees sued the diner and owners in U.S. District Court, White Plains, alleging essentially the same labor law violations that led to last year”™s settlement.
Harry Georgiou, the general manager, allegedly called workers to his office, according to the lawsuit, and asked them to sign a document “waiving their right to a jury trial for any claims related to discrimination, harassment, retaliation, wages or other compensation.”
Workers who refused to sign, or whose family members refused to sign, were allegedly fired or not called back to work when the restaurant reopened as Covid-19 pandemic restrictions were relaxed.
The new lawsuit also names as defendants Three Diamond Diner Corp., Photios “Frank” Georgiou, an owner and CEO; Charalambos “Harry” Georgiou; and Panayiota “Yiota” Georgiou, an owner.
“At the current time I”™m unaware of yet another frivolous federal lawsuit against Three Diamond Diner Corp.,” someone from the diner states in an unsigned email responding to a request for comment. “Once I”™ve been served then I will retain counsel and provide you with our statement.”
When the Georgious agreed to the settlement last year, they vehemently disputed the allegations, according to a letter from the Worker Justice Center of New York to federal Judge Vincent Briccetti. They contended that any violations were technical and not willful.
Most of the plaintiffs in the new lawsuit were recent Hispanic immigrants, and their positions as bussers, dishwashers and waiters were their first jobs in the United States. The business model, the lawsuit states, “revolved around exploiting a vulnerable workforce.”
The diner failed to pay the minimum wage, overtime and “spread of hours” payments for multiple shifts in one day, according to the new complaint. In some instances, they were allegedly paid nothing.
The workers accuse the diner of not compensating them for buying and cleaning required uniforms, misrepresenting on paystubs how many hours they worked and expecting them to “eat their meals hurriedly in a matter of minutes.”
The Georgious allegedly demeaned Hispanic workers, referring to them in Spanish as raccoons, pigs, monkeys and donkeys, and, in English, as dogs.
Five of the plaintiffs are siblings in the Pascual family and related to plaintiffs in the previous lawsuit, including Francisco, Eneldina, Jose Luis, Marcelo and Segio. The other plaintiffs are Elvis Vanegas, Marta Mansilla, Gustavo Guerra and Edgar Fernando Duarte.
They were hired as far back as 1995 and as recently as last June. Over the years, they were paid from $2 an hour to $8.65 an hour, or a flat rate of $120 to $440 a week, according to the complaint. One worker claimed to work as many as 70 hours a week.
In settling the first lawsuit in January 2020, the Georgious had agreed to get training by an appropriate professional organization, for themselves and all current and future management and employees, “regarding discrimination and responsible and compassionate policies.
Judge Briccetti approved the settlement in January 2020. Then Mount Kisco Diner and the Georgious filed for bankruptcy in March 2020, citing “severe cash flow difficulties stemming from the settlement of disputed labor claims.”
Bankruptcy court approved the settlement last June, and by late August, according to a bankruptcy trustee”™s report, $800,000 had been paid to 11 workers and $100,000 to the Worker Justice Center, Kingston, whose attorneys also brought the new lawsuit.
The new lawsuit accuses Mount Kisco Diner and the Georgious of violating state and federal laws concerning wages, discrimination and retaliation.
The workers are demanding back pay and damages.