NY Indian Restaurant Desi Galli Faces Unpaid Wage Claims

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A New York man is the plaintiff in a proposed class action lawsuit filed against two operating companies of Indian restaurant Desi Galli and three individual owners. The plaintiff claims he worked 72 to 75 hours per week for the defendants and did not receive minimum, overtime, or spread-of-hours wages. Though he was employed as a delivery driver, at least 20% of his daily work was spent on non-tipped duties, the complaint claims. Furthermore, the defendants allegedly retained some of the plaintiff’s tips from large delivery orders and never informed him that his hourly pay would be reduced to account for tips. Because of this, the lawsuit claims the defendants were required to pay him the full minimum wage and failed to do so. The plaintiff argues that he was paid a fixed weekly rate – in cash – that never varied with the amount of hours he worked, and that he often worked before and after his scheduled shifts without being compensated for the extra time.