Daniel's Bagel Corp. Fried with FLSA Class Action

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A proposed class action claims defendant Daniel’s Bagel Corp. and its owners violated the Fair Labor Standards Act (FLSA) by failing to pay proper wages. The named plaintiffs, who were employed as bagel cooks and ostensibly as delivery workers, claim they spent most of their work days performing non-tipped, non-delivery related tasks without being paid proper minimum wages or at the time-and-a-half overtime rate. According to the lawsuit, the plaintiffs and similarly situated employees were unlawfully accounted for as delivery workers on the bagel store’s payroll, leading the defendants to take a tip credit on workers’ wages to which they were not entitled.