Fresh Natural Food Faces Former Employee’s Labor Law Allegations
by Erin Shaak
Last Updated on May 8, 2018
A. Suarez et al v. Fresh Natural Food Inc. et al
Filed: July 12, 2017 ◆§ 1:17-cv-05280
Fresh Natural Food Inc. (which does business as Panini Tozt) and an individual owner are facing a proposed collective action filed by a former employee who claims they failed to pay him proper wages and provide wage documents.
Fresh Natural Food Inc. (which does business as Panini Tozt) and an individual owner are facing a proposed collective action filed by a former employee who claims they failed to pay him proper wages and provide wage documents. According to the complaint, the plaintiff was employed as a delivery driver, but spent more than 20% of his day performing non-tipped duties. The complaint argues that, as a result, he should have been paid the full minimum wage instead of the tip-credited rate, which the defendants also supposedly failed to pay him.
The suit further claims that the defendants neglected to pay any overtime or spread-of-hours wages and that they illegally retained a portion of the plaintiff’s credit card tips. Besides this, they allegedly never provided him with wage notices at his time of hire or wage statements at the end of each pay period in violation of New York state law.
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