Thais New York Hit with Former Delivery Worker’s Unpaid Wage Claims
by Erin Shaak
Last Updated on September 11, 2018
Galvez Prudente et al v. Prosperity 89 Inc. et al
Filed: July 27, 2018 ◆§ 1:18cv6796
The owners and operators of Thais New York are facing a proposed class action filed by a former employee over alleged labor law violations.
New York
The owners and operators of Thais New York are facing a proposed class action filed by a former employee over alleged labor law violations.
The plaintiff in the case says he was employed at the New York Thai food restaurant as a tipped delivery worker despite being required to spend at least 20 percent of each day performing non-tipped activities around the restaurant. The suit claims the defendants failed to notify the man that a tip credit would be applied to his sub-minimum wage hourly rate, which should have precluded the employers from paying him less than the full minimum wage.
Moreover, the plaintiff claims the defendants unlawfully deducted time for meal breaks that were “often interrupted,” lowering further his pay below the minimum hourly rate.
The lawsuit additionally argues that the plaintiff is owed unpaid time-and-a-half overtime wages and spread-of-hours pay, plus reimbursement for purchasing an electric bicycle and other accessories that were required to perform his job.
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