Former Der Krung Worker Sues Restaurant Over Alleged Labor Law Violations

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A former dishwasher and delivery worker has filed suit against Boonnak Tone, Inc. and an individual over claims that they failed to properly pay workers at their New York Thai restaurant Der Krung. The plaintiff says he was considered a tipped employee despite being required to spend more than 20 percent of each day performing non-tipped duties such as washing dishes, preparing food, and cleaning the restaurant. The suit claims the defendants should have paid him the full minimum wage, noting that they also withheld a percentage of his tips and failed to inform him that they would be applying a tip credit to his pay.

Furthermore, the case argues that employees were not provided with premium overtime and spread-of-hours wages and were sometimes required to work additional time beyond their scheduled shifts without any extra pay. On top of that, the plaintiff says his paystubs were inaccurate and that he was never provided with proper wage notices.

The complaint further argues that the plaintiff was never reimbursed for purchasing “tools of the trade” required to perform his job, such as a bicycle, helmet, lock and chain, and bicycle maintenance and repair.