New York City Mexican Restaurant Pegged in Wage and Hour Suit

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New Sunstone Mexican Food, Inc., which operates the Sunstone Tortillas Express restaurant, and its owners are the defendants in a former delivery worker’s proposed collective action seeking allegedly unpaid wages. The case claims the plaintiff was ostensibly hired as a tipped delivery employee, yet was forced to spend more than 20 percent of each workday performing non-tipped, non-delivery tasks around the restaurant. For this work time, and as a result of having an improper tip credit taken on his pay, the plaintiff claims he was not paid proper minimum, time-and-a-half overtime, or spread-of-hours wages in accordance with the Fair Labor Standards Act and New York Labor Law. The lawsuit later notes the plaintiff allegedly worked around 70 hours per week without proper compensation and meal breaks.