Former Delivery Worker Claims Brother’s Bakery Café Broke Labor Laws

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A former employee of Brother’s Bakery Café has filed suit against the bakery’s operating company and two individuals with control of the business over claims that the defendants violated several provisions of the Fair Labor Standards Act and New York Labor Law. The plaintiff says he was ostensibly employed as a delivery worker but spent more than 20 percent of each workday performing non-tipped duties. According to the suit, the defendants did not qualify for a tip credit and owed the plaintiff the full minimum wage. He claims, instead, that they paid him no wages at all and that he was compensated only in tips. Even worse, the defendants allegedly withheld 10 percent of the plaintiff’s tips from online orders, the case says.

Furthermore, the complaint alleges that the defendants failed to pay their employees proper overtime and spread-of-hours wages and neglected to provide them with accurate wage statements. Lastly, the plaintiff says he was required to purchase “tools of the trade” – including a bicycle and its required accessories – without being reimbursed.