Former Employees Accuse NYC Restaurants of Labor Law Violations

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Two former employees of Olio Restaurants LLC and Why Not My Way LLC have filed suit against the companies and two individuals who operate them. The plaintiffs claim they worked at the defendants’ two restaurants in New York City – Olio e Piu and Dominique Bistro – but were not paid properly or provided with various other entitlements mandatory under federal and state labor laws. According to the suit, the plaintiffs were hired as delivery workers but paid less than minimum wage as a result of an allegedly improper tip-credit being taken on their wages by the defendants.

The case alleges the employees were required to spend more than 20% of each day performing non-tipped duties without being informed the defendants would be taking a tip-credit against their wages. From the complaint:

“In violation of federal and state law…[the defendants] classified [the plaintiffs] as tipped employees but did not even pay them at the tip-credited rate when they should have classified them as non-tipped employees and paid them at the minimum wage rate.”

The suit further argues that the defendants failed to provide their employees with required wage notices and statements. They allegedly maintained no timekeeping system to accurately record employees’ hours and failed to provide them with required meal breaks. Even further, the plaintiffs say they were forced to purchase “tools of the trade” – including bicycles, locks, helmets, and lights – without being reimbursed for their expenses.