Tom’s former employee says he was underpaid, mistreated

Eduardo Gil Hernandez, a former employee at Tom’s Restaurant, filed a suit against the “Seinfeld” diner in Manhattan Federal Court, citing unfair wages and mistreatment.

Court documents state that during his employment, Hernandez worked five days a week, for over 40 hours each week.

Hernandez was paid $20 in cash for shifts of between eight and 12 hours—a fraction of what the law requires for minimum wage, the suit claims. He left Tom’s in June 2010.

In addition to not receiving minimum wage, Hernandez alleged in the suit, which was filed on Sept. 8, that he was also denied overtime wages.

Hernandez, who lives in upper Manhattan with his wife and three children, began working for Tom’s in November 2007.

“It was a difficult place to work. The owner was very aggressive and called me names. The pay was terrible,” Hernandez said in his statement.

Hernandez’s attorney, Peter H. Cooper of Cilenti & Cooper, PLLC, said that his client should have been protected under minimum wage laws—the minimum wage, federally and in New York state, is $7.25 per hour and $10.88 for overtime beyond 40 hours each work week.

“Foreign-born workers are more likely to be employed in low-wage industries and are at great risk of minimum wage and overtime violations. … When an employee works a span of 10 or more hours in any single day, he or she is entitled to one additional hour of pay under New York’s ‘spread of hours’ law,” Cooper said.

Cooper is requesting payment of owed wages and overtime pay on behalf of his client. In addition, he is requesting that the court grant Hernandez a reward for the damages and stress during and after his time of employment at Tom’s.

Michael Zoulis, the owner and manager of Tom’s, who was named as the defendant, responded to the claims at his restaurant recently, denying any mistreatment. “I will say this: Everything is false,” he said. “I treat every one of my workers well.”

Outside the restaurant, customers had mixed feelings about the accusations.

Elissa Swift-Katz, CC ’95, said she dines at Tom’s once in awhile and that the owner is really nice every time. “I used to come a lot when I was an undergrad, and during the three or four times I’ve been back since, it’s been a good experience,” she said.

Steve D’Agostino, a Teachers College student, said that the suit won’t stop him from going to Tom’s, but added, “I mean, do I think the workers should sue? Yes.”

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