Lawsuit Against Dig Inn Seeks to Uncover Alleged Labor Law Infractions

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The owners and operators of health food restaurant chain Dig Inn have been hit with a proposed collective action in which a group of 17 former and current New York City delivery workers takes issue with the defendants’ alleged pay practices. According to the 67-page lawsuit, the restaurant owners paid delivery workers a tip-credited hourly wage despite never providing proper notice of the tip credit, not to mention requiring employees to spend a considerable portion of each shift performing non-tipped duties around the restaurants. The suit claims the plaintiffs and other delivery employees should have been paid the full minimum wage for the hours during which they were not given an opportunity to earn tips.

Furthermore, the case argues that employees who work more than 40 hours per week or 10 hours per day were not paid premium wages for those hours, in alleged violation of state and federal laws concerning overtime and spread-of-hours pay.

Finally, the plaintiffs add that employees were not granted proper meal and rest breaks and were required to spend their own funds on “tools of the trade” – such as bicycles and accessories – without being reimbursed.