Midtown Catch Corp. Facing Former Delivery Worker’s Unpaid Wage Claims

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Midtown Catch Corp. and two individual owners have been named in a former employee’s proposed collective action that claims the defendants shirked their duty to pay workers proper wages. The plaintiff says he worked at the Manhattan fish market as a delivery worker and was paid at a tip-credited hourly rate. According to the lawsuit, however, the man was required to spend more than 20 percent of each day performing non-tipped activities and was never informed of the tip credit, which should have precluded the defendants from applying paying him at the lower tip-credited rate. Even worse, the suit says the defendants pocketed all the plaintiff’s tips – which apparently ranged from $30 to $100 per day.

Moreover, the case claims the plaintiff put in between 61.5 and 62.25 hours per week without being paid premium overtime wages for the hours he worked over 40. Instead, the man received a fixed weekly salary of $480 that never varied, even when he worked additional time beyond his scheduled hours, the suit says. The plaintiff further argues that the defendants didn’t pay him any wages for one week of work and never permitted him to take required meal and rest breaks. 

Lastly, the case alleges the defendants owe the plaintiff for spending his own funds on services required to perform his delivery duties, including bicycle repairs.