John’s Diner, John’s Pizza & Heros Facing Former Delivery Workers’ Unpaid Wage Claims

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Two former employees have filed suit against the companies and individuals who operate John’s Diner and John’s Pizza & Heros over alleged labor law violations. The plaintiffs claim they worked at the Bronx restaurants as delivery workers and were paid a below-minimum hourly wage to which the defendants applied a tip credit. The suit argues that the tip credit was unlawful, however, because the plaintiffs were never given proper notice and were required to spend at least 20 percent of their shifts performing duties for which they didn’t receive tips.

On top of that, the lawsuit alleges the plaintiffs frequently put in more than 40 hours per week – usually 60.5 and 64 hours, respectively – without being paid premium time-and-a-half overtime wages in accordance with the Fair Labor Standards Act.

The plaintiffs further argue that they should have been provided with meal and rest breaks, accurate wage statements, and reimbursement for using their own funds to purchase “tools of the trade” such as bicycles, bicycle repairs, and needed accessories.