Tom’s Restaurant Sued by Busboy Over Improper Wage Claims

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An employee has filed a proposed collective action against Tom’s Restaurant and its owner in which the man claims he was not paid lawful wages.

Filed in New York, the lawsuit says the plaintiff works as a busboy at the defendants’ restaurant, where he is responsible for dishwashing, cleaning and food preparation. According to the complaint, the plaintiff put in 52 hours each week for a fixed salary of $420, plus a percentage of gratuities. The suit says the man’s effective pay rate “occasionally” fell below the minimum wage threshold and adds that the defendants regularly pocketed a portion of the plaintiff’s tips on weekends. The case further claims that, in violation of state labor law, the man was paid only in cash without any wage statements throughout his employment.