A retaliation case against Sparks Steakhouse can move to trial, according to a recent decision by United States District Court Judge Paul Crotty. The lawsuit alleges that Ibrahim T. Wakim, a server at Sparks, was terminated from his job because of his participation in a wage lawsuit against the restaurant, which resulted in a $3.15 million settlement for the waiters at Sparks. The wage lawsuit on behalf of the workers at the restaurant claimed violations under the Fair Labor Standards Act (FLSA) and New York Labor Law, including that the restaurant improperly included non-tipped employees who worked in the kitchen in the tip pool. Louis Pechman, founder of waiterpay.com, is the attorney for Mr. Wakim.