New York Deli Workers File Suit Over Alleged Labor Law Violations

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The operating companies and individual owners of PJ Berstein Deli are on the receiving end of a proposed collective action that claims the defendants violated several provisions of state and federal labor laws. The complaint, filed by two former employees, argues that workers at the defendants’ deli were not paid proper minimum, overtime, or spread-of-hours wages.

The first plaintiff says the defendants hired him as a delivery worker and applied a tip credit to his wages despite requiring him to spent more than 20 percent of each day performing non-tipped duties. According to the suit, his employers never notified him of the tip credit and withheld approximately $300 to $400 of tips per week that he earned through large delivery orders. On top of that, the man claims he was required to pay for “tools of the trade” – including four bicycles, supplies, and maintenance expenses – without being reimbursed.

The second plaintiff says he worked at the deli as a line cook and was paid a fixed weekly salary that didn’t vary when he worked extra hours beyond his scheduled shifts. As a result, the case argues, the man wasn’t paid for all the hours he worked, resulting in his pay rate falling below the minimum wage.

The case further alleges that employees were not provided with proper rest breaks or wage statements as required under state law.