NYC's Ridgeway Diner Docked with Wage and Hour Class Action

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New York City’s Ridgeway Diner and its owner are the defendants in a class action lawsuit filed by a former employee who claims he and similarly situated proposed class members are owed unpaid overtime and minimum wages. The plaintiff says he was hired as a delivery worker, yet spent several hours a day performing non-tipped activities, including washing dishes and cleaning the restaurant. Court documents claim the plaintiff was never paid spread-of-hours pay for shifts longer than 10 hours in a day or overtime wages at the time-and-a-half federal hourly rate.

The suit alleges the defendants illegally took a tip credit to which they were not entitled on delivery workers’ wages, thereby dropping their pay below the mandatory minimum. They were not entitled to a tip credit, the lawsuit claims, because proposed class members’ non-tipped duties exceeded roughly 20 percent of each workday.