Tacos El Bronco Facing Wage and Hour Lawsuit

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A proposed collective action alleges Brooklyn, New York, food truck fleet and restaurant Tacos El Bronco and its owners owe a former delivery worker unpaid time-and-a-half overtime, minimum and spread-of-hours wages. Formally filed against Tacos El Bronco Restaurant Inc., the lawsuit claims the plaintiff, despite being employed as a tipped delivery worker, was required to spend more than 20 percent of his workdays performing non-tipped duties unrelated to deliveries, including transporting supplies to and from the defendants’ food trucks. The case alleges the defendants, to avoid paying the plaintiff Fair Labor Standards Act-mandated wages, disguised the plaintiff’s work duties in payroll records, which enabled them to pay the man at a tip-credited rate lower than the hourly minimum wage.

The plaintiff, who worked for the defendants from June 2013 through September 2017, argues the true nature of his job duties exempted the defendants from being able to implement a tip credit on his pay. Further still, the man claims he was never informed by the defendants that a tip credit was being taken to offset his wages, nor was he ever granted a meal or rest break of any length during his employment.