Miyabi Asian Bistro Hit with Ex-Delivery Worker’s Lawsuit Alleging Improper Wages

New to ClassAction.org? Read our Newswire Disclaimer

The operators of Miyabi Asian Bistro are staring down a proposed collective action filed by a former delivery worker who alleges he was deprived of proper overtime and spread-of-hours wages.

The suit says that the plaintiff worked 57 hours each week at the Pleasantville, New York restaurant from December 2015 to April 2018. According to the case, the man received a fixed monthly salary of $1,700, which supposedly never varied no matter how many hours he put in each week. Consequently, the defendants failed to pay the plaintiff for all hours worked in excess of 40 each week, the suit alleges.

Additionally, the plaintiff seeks to recover business expenses incurred while making deliveries that he claims went unreimbursed. These expenses, according to the complaint, included $350 per month for gas, $300 for annual car maintenance costs and $80 in traffic tickets.