Thai Restaurant Delivery Worker Files Suit Over Improper Wage Claims

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A current employee of New York Thai restaurant Three E Taste of Thai has filed suit against its two operating companies and five individuals with control of the business claiming the defendants violated federal and state labor laws. The plaintiff says he is ostensibly employed as a tipped delivery worker, but spends more than 20 percent of each day performing non-tipped duties unrelated to his delivery work. The suit argues that this precludes the defendants from taking a tip credit from his wages and requires them to pay him the full minimum wage instead, which the plaintiff says they failed to do.

The plaintiff further argues that throughout his employment, he has regularly worked more than 40 hours, and many times up to 84 hours, per week without receiving proper overtime or spread-of-hours wages. According to the complaint, the defendants denied him proper meal/rest breaks and required wage documents.

Even further, the suit claims the plaintiff was forced to purchase five electric bicycles, one gas bicycle, and a lock and chain – “tools of the trade” necessary to perform his job duties – without being reimbursed.