NYC Grocery Service Max Delivery Facing Delivery Workers’ Wage and Hour Lawsuit

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Max Delivery has been hit with a proposed collective action filed by 24 former and current employees who allege the company deprived them of proper minimum, overtime, and spread-of-hours wages and took unlawful deductions from their pay.

The suit—which names the New York City grocery service and its two owners as defendants—was filed by delivery workers who allege their employers applied an improper tip credit to their wages. Despite being designated as delivery workers in payroll records, the plaintiffs claim they spent a significant portion of their workdays performing non-tipped duties, such as cleaning, stocking inventory, and handing out flyers. In addition, the defendants allegedly failed to issue written notices properly informing the employees that a tip credit would be applied to their wages, in violation of New York law.

The case goes on to address the defendants’ alleged practice of misappropriating plaintiffs’ tips and making unlawful deductions from their wages. The workers claim a portion of their tips was withheld in order to pay “packers,” who were non-tipped employees, according to the case. On top of that, the defendants supposedly charged the employees for equipment necessary to perform their jobs. Specifically, the plaintiffs were required to pay hundreds of dollars to use company delivery bags and had to rent bicycles from their employers in order to make deliveries, the case alleges. The defendants are also accused of deducting pay for breaks that the plaintiffs claim they were not allowed to take, charging workers when their bicycles were stolen, and requiring employees to pay out of pocket for orders that could not be delivered, the suit adds.