Manhattan’s Potjanee Restaurant Facing Delivery Drivers’ Unpaid Wage Claims
by Erin Shaak
Last Updated on May 8, 2018
Juarez Sanchez et al v. Potjanee Inc. et al
Filed: March 26, 2018 ◆§ 1:18cv2664
The owners and operators of Manhattan Thai restaurant Potjanee have been named in a proposed collective action filed by six former delivery drivers who claim they were underpaid.
Potjanee Inc. Potjanee Potjanee Authentic Thai Restaurant Inc.
New York
The owners and operators of Manhattan Thai restaurant Potjanee have been named in a proposed collective action filed by six former employees who claim they were underpaid. According to the complaint, the plaintiffs were ostensibly employed as tipped delivery drivers but were required to spend more than 20 percent of each shift performing non-tipped duties unrelated to their delivery work, such as cleaning, food prep, stocking, and shopping. On top of that, the suit argues, the defendants allegedly deducted portions of their tips and never notified the workers that a tip credit would be applied to their wages, meaning the employees should have been paid the full minimum wage rather than the lowered tip-credit rate.
Furthermore, the complaint continues, the plaintiffs were never provided with premium overtime and spread-of-hours wages despite regularly working more than 40 hours per week and 10 hours per day. Adding to the alleged wage violations, the suit claims the defendants failed to reimburse workers for purchasing “tools of the trade” with their own funds, such as bicycles, accessories, and clothing required to perform their delivery duties. Lastly, the plaintiffs argue that they were denied proper meal and rest breaks, as well as accurate wage statements.
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