Little Basil Thai Restaurant Facing Former Delivery Driver’s Wage and Hour Lawsuit

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The owners and operators of Manhattan’s Little Basil Thai Restaurant are facing a proposed collective action filed by a former delivery worker who argues that he wasn’t paid properly. Though ostensibly employed as a tipped worker, the plaintiff claims he spent a significant portion of each day performing non-tipped duties unrelated to his delivery work, such as preparing food and cleaning the restaurant. The case argues that the defendants were not permitted to apply a tip credit to the man’s wages because his non-tipped duties exceeded 20 percent of the workday; instead, his employers should have paid him at least the full minimum wage for those hours, the suit says.

The case further argues that the plaintiff was not provided with premium spread-of-hours pay for the days in which he worked more than 10 hours, nor was he ever allowed to take required meal and rest breaks. On top of that, the lawsuit adds, the defendants allegedly failed to provide the man with accurate wage statements and reimbursement for purchasing “tools of the trade,” such as bicycles, lights, a helmet, and other accessories required to perform his job.