Green Apple Gourmet Food Accused of Unlawful Payroll Practices in Lawsuit

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A proposed collective action has been filed against Green Apple Gourmet Inc. and four individual owners/managers by two former employees seeking allegedly unpaid wages. The two plaintiffs were employed as a delivery worker and a deli man, respectively, at Green Apple Gourmet Food from October 2009 and September 2010 until June 2018. The lawsuit claims that both plaintiffs worked in excess of 40 hours per week without receiving legally required overtime wages. They also claim they were deprived of earning at least the minimum wage per hour worked, along with spread of hours pay for shifts lasting longer than 10 hours. 

The lawsuit further alleges that one plaintiff, who was designated as a delivery worker, unlawfully received a tipped wage as he spent a significant portion of his shifts performing non-tipped duties, such as stocking inventory and cleaning. The case claims that the defendants were not entitled to take a tip credit because the plaintiff performed non-tipped duties for more than 20 percent of each workday. Furthermore, the plaintiff claims that the defendants withheld a portion of the tips he received, including half of all catering tips.