Pick a Bagel Hit with FLSA Class Action Suit

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The owners and operators of Pick A Bagel are facing a class action out of New York alleging they failed to pay proper overtime and minimum wages and didn’t maintain accurate records of the hours employees worked. Filed by a former bagel cook, the 25-page complaint against AHDS Bagel LLC, 1101 Bagel Corp and others says the ex-employee spent much of his work day performing non-tipped, non-delivery-related tasks in the restaurant, including prep work. He alleges he worked in excess of 40 hours per week without overtime or “spread of hours” pay, which is owed in New York whenever an individual works longer than a 10-hour shift. The crux of the suit, documents show, is that the defendants erroneously accounted for the plaintiff on their payroll as a delivery worker, illegally paying him at the tip-credit rate. The defendants “employed the policy and practice of disguising [the plaintiff’s] actual duties in payroll records by designating him as a delivery worker instead of a non-tipped employee,” the suit says, which allowed for him to be paid below the minimum wage.