NYC Thai Restaurants Hit with Ex-Delivery Worker’s Unpaid Wage Case

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The companies that operate the Tum & Yum and Prik Thai Kitchen restaurants in New York City are the defendants in a proposed collective action in which a former tipped delivery employee claims he’s owed unpaid wages. Though the defendants—Gusto Thai Inc., Tum Yum Plus Inc., Mung Mee Thai Inc., and four individual owners—accounted for the plaintiff as a delivery worker, the lawsuit claims he was required to spend a significant amount of time each day performing non-tipped work around the restaurant. The plaintiff’s actual job duties, the complaint says, should have disallowed the defendants from paying the man at the tip credited hourly rate, which the lawsuit claims the restaurants still failed to do. The defendants’ accounting of the plaintiff in payroll records enabled them to avoid paying proper minimum, overtime and spread-of-hours wages, the suit claims. Moreover, the plaintiff, who worked for the defendants from March 2014 through January 2018, claims he was never notified a tip credit would be applied as an offset to his hourly pay.

Lastly, the lawsuit claims the defendants pocketed a portion of the plaintiff’s tips, and never granted the plaintiff a meal or rest break of any kind during his shifts.