7 Market Place Inc. Hit with Delivery Worker’s Wage and Hour Complaint

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A proposed collective action details claims from a 7 Market Place, Inc. employee who says he was not paid proper wages during his time working as a tipped delivery employee and salad preparer. Filed in New York, the case alleges that while the plaintiff is ostensibly employed to handle deliveries, he’s required by the defendants to spend the bulk of his workday performing non-tipped duties without being paid proper minimum, overtime or spread-of-hours wages. According to the suit, the tip credit the defendants applied to the plaintiff’s pay is improper – considering how much time the man reportedly spends on non-tipped duties – and serves, in effect, as a means for 7 Market Place to avoid paying the plaintiff at the minimum wage rate.

The plaintiff, who’s worked for the defendants since 2009, claims he’s regularly worked anywhere from 60 to 75 hours per week during his tenure without proper pay. Moreover, the case states the defendants failed to notify the plaintiff that his wages were subject to a tip credit, while unlawfully deducting $60 from the man’s weekly wages for meals.