King’s Wok Fried with Former Delivery Driver’s Wage and Hour Lawsuit

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A former delivery driver for New York City Chinese restaurant King’s Wok has filed suit against the restaurant’s operating company and an individual owner over claims that the parties violated federal and state labor laws. The plaintiff says he worked for the defendants as a delivery worker between February 2016 and June 2017 without being paid proper minimum, overtime, and spread-of-hours wages.

From the beginning of his employment until January 2017, the plaintiff worked 12.5 hours one day per week, according to the suit, for a fixed daily salary of $70. After each shift, he was allegedly required to drive his co-workers from the restaurant to their residence in Yonkers, New York without being compensated for the time he spent driving or the expenses associated with it.

In February 2017, the complaint continues, the plaintiff began working for the defendants full-time and put in 92 hours per week without being paid overtime or spread-of-hours wages. The suit argues that during this time, the defendants began accepting online orders and required the plaintiff to participate in an illegal tip pool from which he received only a portion of the tips he earned as a delivery driver. As a result, the complaint alleges, the defendants were obligated to pay him the full minimum wage instead of a tip-credited rate and failed to do so.