Mudville 9 Facing Former Delivery Workers’ Lawsuit Over Allegedly Improper Wages

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The owners and operators of New York City restaurant Mudville 9 are the defendants in a proposed collective action filed by four former employees who claim they were deprived of proper wages.

According to the case, the plaintiffs were employed as delivery workers at the restaurant, where they were paid an hourly rate that failed to provide appropriate minimum, overtime and spread-of-hours wages. More specifically, the case charges the defendants attempted to avoid paying proper wages by wrongly designating the plaintiffs as “tipped” employees to be paid at a reduced hourly tip-credited rate. The suit alleges, however, the defendants were not entitled to take a tip credit against the workers’ wages as they spent a considerable portion of each shift—over 20 percent—performing non-tipped duties, including shopping for the restaurant and running errands for the manager.

The case goes on to claim the defendants failed to issue accurate wage statements and reimburse the plaintiffs for out-of-pocket business costs, such as bicycles and helmets purchased to make deliveries.