NYC Restaurant Dishes Hit with Ex-Delivery Workers’ Unpaid Wage Suit

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The operators of New York City restaurant Dishes are on the receiving end of a lawsuit filed by two former delivery workers who claim they were cheated out of proper minimum, overtime and spread-of-hours wages.

Despite being ostensibly employed as delivery workers at the defendants’ two locations, the plaintiffs claim they spent a significant chunk of each shift—over 20 percent—performing non-tipped duties, such as cleaning the walls, preparing juices, and tending to the buffet station. In addition, the defendants supposedly withheld eight percent of each worker’s weekly tips, the suit says. The case argues that given their actual responsibilities and inability to keep all tips they received, the plaintiffs were not eligible to be paid a reduced tip-credited wage.

The defendants are also accused of directing employees to track their work hours using two different identification numbers (one for each location) in order to avoid paying appropriate overtime and spread-of-hours wages. One plaintiff further alleges he was required to start working three hours before his scheduled shift began once a week without compensation.

Lastly, the workers say that $20 was deducted from their weekly wages for meal breaks they did not take and that they were not reimbursed for out-of-pocket uniform costs, including hats and sweaters bearing the company’s logo.