El Gran Valle Sued by Fmr. Delivery Employee Over Allegedly Unpaid Wages

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The business entities and individuals who operate Bronx, New York, Mexican eatery El Gran Valle are staring down a proposed collective action through which a former employee seeks to recover allegedly unpaid wages.

According to the case, the plaintiff worked as a tipped delivery employee for defendants El Gran Valle Restaurant Corp., Las Hermanas Rest. Inc. and El Nuevo Valle Rest. Corp. from June 2017 through the end of March 2018. While his job title stated one thing, the plaintiff claims that, in truth, the defendants required him to spend significant amounts of time each week performing non-tipped duties unrelated to delivering food to customers. The plaintiff alleges he usually worked anywhere from 40 to 48 hours per week without being paid proper minimum or overtime compensation.

“[The plaintiff’s] pay did not vary even when he was required to stay later or work a longer day than his usual schedule,” the suit states.

The lawsuit goes on to claim the plaintiff’s hourly wages were offset a tip credit for which he was never provided mandatory notice.