Del Frisco's Wins Dismissal of Sous Chef's Discrimination, Wage Claims

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A federal district court in New York has granted Del Frisco's Grille of New York, LLC's motion to dismiss all claims brought by a non-binary sous chef, including allegations of discrimination, unpaid overtime, and wage statement violations. The court found the state discrimination claims lacked supplemental jurisdiction, the wage statement claims failed to allege concrete injury, and the overtime claims were subject to a valid arbitration agreement.

Why it matters

This case highlights the challenges employees can face in bringing claims against employers, particularly when issues of jurisdiction, injury, and arbitration agreements come into play. The ruling underscores the importance of carefully navigating the legal system when pursuing workplace-related disputes.

The details

The non-binary sous chef had filed claims under the New York State Human Rights Law for discrimination and retaliation, as well as claims under the Fair Labor Standards Act and state law for unpaid overtime compensation and state law wage statement violations. However, the federal district court granted Del Frisco's motion to dismiss all of the claims. The court found the state discrimination claims lacked supplemental jurisdiction with the federal claim, the wage statement claims failed to allege concrete injury, and the overtime claims were subject to a valid arbitration agreement that the plaintiff was required to follow.

• The lawsuit was filed in 2026.