Café 37 Employee Claims He Is Owed Unpaid Wages

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Gomez Enterprises USA Corp. is on the receiving end of a proposed collective action filed by a current employee who works as a dishwasher, food preparer, and delivery worker at the defendant’s restaurant Café 37. The plaintiff says he regularly works more than 70 hours per week without being paid proper minimum, overtime, and spread-of-hours wages. He claims that although the defendant considers him a tipped employee, he spends more than 20 percent of each day performing non-tipped duties not related to his delivery position, meaning, according to the suit, that he must be paid the full minimum wage instead of a lower, tip-credited rate. Instead, he argues, the defendant pays him $400 per week regardless of the number of hours he works.

The suit further alleges that the plaintiff is denied meal and rest breaks and has not been reimbursed for purchasing shirts, pants, and shoes he is required to wear for his job.