Delivery Worker Sues Manhattan Eatery Barking Dog Over Alleged Labor Law Violations

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A wage and hour lawsuit filed against Manhattan restaurant Barking Dog and one individual owner alleges the defendants deprived a delivery worker of proper wages.

The proposed collective action says the plaintiff worked an average of 48 hours each week from January to September 2017 and was improperly compensated at a tip-credited pay rate of $4 per hour. The suit claims the man spent over 20 percent of each shift performing non-tipped duties, such as preparing food and assisting in the kitchen, meaning he should have been paid at least the full minimum wage. Further, the suit claims the plaintiff should have earned time-and-a-half for his overtime hours under state and federal law.

“Defendants’ pay practices resulted in [the plaintiff] not receiving payment for all his hours worked, and resulted in [the plaintiff’s] effective rate of pay falling below the required minimum wage rate,” the complaint charges.

The suit further alleges the defendants did not use any time-tracking device that accurately reflected hours worked by the plaintiff, nor did they provide the man with accurate wage notices or paystubs throughout his tenure. Further still, the plaintiff adds that he was not reimbursed for “tools of the trade” he was required to purchase to perform his job, such as a bicycle, a helmet, and a chain and lock.