Brooklyn, NY Restaurant Mexico 2000 Sued Over Allegedly Unpaid Wages

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An individual formerly employed as a delivery worker by Brooklyn, New York’s Mexico 2000 Restaurant Corp. and Mexico 2000 Deli Restaurant Corp. has filed a proposed collective action against the companies and two owners to recover allegedly unpaid wages. The plaintiff, who worked for the defendants from December 2016 through this month, claims he was not paid proper overtime, minimum, or spread-of-hours wages (owed in New York state) as a result of Mexico 2000 taking an impermissible tip credit on his wages. According to the complaint, though the plaintiff was employed as a tipped delivery worker, he spent several hours each day—more than 20 percent of his workdays—performing non-tipped tasks around the restaurant.

“Upon information and belief, [the defendants] employed the policy and practice of disguising [the plaintiff’s] actual duties in payroll records to avoid paying him at the minimum wage rate,” the lawsuit alleges, “and to enable them to pay him at the lower tip-credited rate (which they still failed to do) by designating him as a deliverer instead of a non-tipped employee.”