NY Restaurant Chewed Out in Former Employee’s Wage and Hour Suit

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Three operating companies and an individual owner of Bite are facing a proposed collective action filed by a former employee alleging labor law violations. The plaintiff says he worked as a delivery worker and cook at the New York restaurant and never received proper overtime or spread-of-hours wages despite working more than 40 hours per week and more than 10 hours on some days.

The plaintiff further claims the defendants made “unlawful deductions” from his earned tips and would sometimes require him to work past his scheduled hours without paying him for the extra time.

The suit also argues that the defendants failed to provide the plaintiff with accurate wage statements and reimbursement for purchasing a bicycle, raincoat, helmet, vest, boots and lights, and for maintaining his bike. The plaintiff claims that he needed these “tools of the trade” and maintenance service to perform his job.