Fuel Grill & Juice Bar Operators Named in Former Delivery Workers’ Wage and Hour Suit
by Erin Shaak
Last Updated on September 11, 2018
Cuxil et al v. Masters Food Service Inc. et al
Filed: July 27, 2018 ◆§ 1:18cv6782
Two former delivery employees for NYC's Fuel Grill & Juice Bar claim their significant non-tipped work should have precluded their employers from paying them a reduced tipped wage.
Masters Food Service Inc. Fuel Grill & Juice Bar Fuel Health & Soul Inc. Fuel Grill and Juice Bar Express Ninth Ave Food Corp.
New York
The owners and operators of New York restaurants Fuel Grill & Juice Bar and Fuel Grill and Juice Bar Express have been hit with a proposed collective action alleging violations of state and federal labor law. Filed by two former delivery employees, the suit claims the defendants committed minimum wage infractions by failing to notify the workers that a tip credit would be applied to their wages, as well as by requiring them to spend a significant amount of time performing non-tipped duties.
The first named plaintiff says he didn’t receive time-and-a-half overtime pay when he worked more than 40 hours per week, nor was he paid any wages at all for approximately four weeks of his employment. Further, the man argues that the defendants unlawfully adjusted his paystubs to reflect fewer hours than he actually worked on top of failing to reimburse him for purchasing a bicycle and accessories with his own funds.
The second named plaintiff alleges similar wage violations, adding that the defendants supposedly never provided him with proper meal and rest breaks as mandated under state law.
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