Former Delivery Worker Alleges Amsterdam Burger Co. Owes Unpaid Minimum Wages

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Amsterdam Burger Co. and the individuals who own and operate the New York City kosher burger restaurant are the defendants in a proposed collective action in which a former delivery worker claims he’s owed unpaid wages. The lawsuit says that though the plaintiff was ostensibly on the books as a tipped delivery worker, the man was required to spend a significant chunk of his workday performing non-tipped tasks. As a result, the plaintiff was not paid the appropriate minimum wage for all hours worked during his November 2012 to January 2018 tenure, the lawsuit charges.

“[The plaintiff] and all other tipped workers were paid at a rate that was lower than the lower tip-credit rate by [the defendants],” the complaint reads. “However, under state law, [the defendants] were not entitled to a tip credit because the tipped [workers'] and [the plaintiff’s] non-tipped duties exceeded 20% of each workday (or two hours, whichever is less).”

The case further claims the plaintiff was never informed by the defendants that his wages were subject to a tip credit.