Delivery Workers Accuse NYC’s Dough Boys Pizza of Labor Law Violations

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The operators of Dough Boys Pizza are on the receiving end of a proposed collective action filed by two delivery workers who say they weren’t paid proper minimum, overtime and spread-of-hours wages.

Despite being designated as tipped delivery workers, the plaintiffs allege they spent a considerable amount of each shift—over 20 percent—baking pizzas, preparing dough, frying food and washing dishes, among other non-tipped duties. The suit argues that given the amount of time the men spent on this non-tipped work, they should have been paid at least the full minimum wage rather than a reduced, tip-credited rate.

Moreover, the case charges that the defendants regularly withheld a portion of any large tips given to employees in violation of tip credit requirements. By way of example, the complaint details one occasion when the defendants supposedly allowed one of the plaintiffs to keep only $20 of a $150 tip.

Lastly, the plaintiffs claim their wages were further reduced due to unreimbursed expenses incurred for bicycles, helmets and baskets they purchased in order to make deliveries.