Former Delivery Workers Sue Om Real Indian Food Restaurant Alleging Labor Law Violations

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A proposed collective action has been filed against Venky’s Food Corp. (which does business as Om Real Indian Food Restaurant) and an individual owner over claims that the parties violated provisions of the Fair Labor Standards Act and New York Labor Law.

The two named plaintiffs are former delivery workers who say they worked at the restaurant for less than the minimum wage for their hours worked. The defendants allegedly applied a tip credit to their pay, despite never informing them of the tip credit and requiring them to perform non-tipped job duties for more than 20 percent of each day, the suit claims. The plaintiffs claim they were paid fixed rates of $16 per day and $20 per day, respectively, even when they worked additional hours beyond their scheduled shifts.

Furthermore, the case argues, the plaintiffs were not provided with accurate wage statements, meal breaks, or reimbursement for purchasing “tools of the trade” such as bicycles, helmets, and thermal clothing.