City Catering Cafe Operators Accused of Labor Law Infractions

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The owners and operators of City Catering Cafe (formerly Bistro Caterers) are facing a proposed collective action filed by a former delivery worker who takes issue with the defendants’ alleged pay practices. According to the suit, the man was paid a tip-credited hourly rate for all his hours worked despite being required to spend a significant portion of time performing various duties around the restaurant – such as cleaning, preparing food, and stocking – for which he did not receive tips. The case argues that this, as well as the defendants’ alleged failure to notify the plaintiff of the tip credit, should have precluded the restaurant owners from paying the man less than the standard hourly minimum wage.

Furthermore, the lawsuit claims the plaintiff was required to work more than 40 hours per week but wasn’t paid premium wages for the hours he worked over 40. The worker also alleges he should have received an extra hour of pay at the minimum rate for each shift he worked that lasted longer than 10 hours, plus reimbursement for purchasing equipment and uniforms needed to perform his job.

On top of the supposed wage violations, the lawsuit tacks on potential state labor law infractions, namely the defendants’ alleged failure to provide workers with uninterrupted meal breaks and accurate wage statements.