La Nueva Espana Operating Co., Owner Face Wage and Hour Lawsuit

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A former delivery person for New York City’s La Nueva Espana restaurant has filed a proposed collective action against the restaurant’s operating company – Inwood Restaurant Corp. – and an individual owner alleging that the defendants violated federal and state labor laws. According to the suit, the plaintiff was employed at the restaurant as a delivery person, kitchen helper, and cleaner between February 2016 and August 2017 and regularly worked 72 hours per week without receiving time-and-a-half overtime pay for the weekly hours he worked above 40. Additionally, the lawsuit claims the defendants should have paid the plaintiff the full minimum wage instead of taking a tip credit due to:

• failing to provide notice of the tip credit;
• paying employees below the tip-credited rate;
• failing to provide employees with wage statements that noted the tip credit amount taken out of their wages; and
• requiring tipped employees to spend more than 20 percent of each workday performing non-tipped duties.

The lawsuit further alleges that the defendants neglected to provide employees with accurate wages notices and statements detailing their hours and pay rates. The plaintiff also argues that he was required to purchase a bicycle at his own expense without being reimbursed.