NY Thai Restaurant Hit with Unpaid Wage Claims

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A former delivery driver for Thais New York has filed a proposed collective action against the Thai restaurant’s operating company and two individual owners. He claims he was not paid proper wages and did not receive required wage statements from his employers. According to the suit, the defendants paid him less than minimum wage to account for tips he would receive, but required him to spend more than 20% of his work day performing non-tipped duties, which voided their right to a tip-credit. From the complaint:

“Defendants employed the policy and practice of disguising [the plaintiff’s] actual duties in payroll records to avoid paying [the plaintiff] at the minimum wage rate, and to enable them to pay [the plaintiff] at the lower tip-credited rate (which they still failed to do) by designating him as a delivery worker instead of a non-tipped employee.”

The suit also claims the defendants withheld “a considerable portion” of tips the plaintiff received from online orders on Seamless and Grub Hub, which it argues is illegal under a tip-credit arrangement.

In addition to the purported minimum wage violations, the suit alleges that the plaintiff regularly worked more than 67 hours per week without being compensated at all for the hours he worked above 40 each week.