New York Indian Restaurant Hit with FLSA Case

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Ruchi Indian Cuisine, Inc. has been hit with a proposed collective action that claims the New York restaurant violated the Fair Labor Standards Act and state labor laws. The plaintiff, a delivery worker, claims the eatery failed to pay proper minimum and overtime wages, failed to keep accurate records of hours worked, and failed to pay “spread of hours” pay as required in New York. He also claims the restaurant classified him as a “delivery worker” in payroll, even though at least half of his time was spent performing non-tipped, non-delivery work such as taking out the trash, sweeping floors and buying items from the supermarket. The suit claims he was classified as such so the restaurant could avoid paying him the minimum wage.