Empanada Mama Facing Former Delivery Worker’s Wage and Hour Suit

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The operators of Manhattan eateries Empanada Mama and Empanada Mama Express are facing a lawsuit filed by a former employee who alleges an improper tip credit was applied to his wages.

The plaintiff was employed as a delivery worker at the restaurants from May 2016 to September 2018, during which time he put in between 38 and 48 hours per week, the suit says. The case alleges the defendants failed to notify the plaintiff that a tip credit would be applied to his wages. Further, the suit argues the man should have instead received at least the full minimum wage since he spent a significant portion of his workdays performing non-tipped duties, including cleaning the restaurants, stocking inventory and preparing food. From the complaint:

“New York State regulations provide that an employee cannot be classified as a tipped employee on any day in which he or she has been assigned to work in an occupation in which tips are not customarily received.”

Moreover, the complaint continues, the plaintiff’s wages were allegedly subject to deductions for meal breaks the man “rarely took,” even though he was required to log his hours worked. Additionally, the plaintiff claims he was not reimbursed for out-of-pocket expenses, such as a bicycle, helmet and lights he was required to buy for the job.