The operators of Brooklyn eatery Omiya Sushi are staring down a lawsuit wherein a former delivery worker claims he was not paid proper minimum, overtime and spread-of-hours wages.
According to the case, the plaintiff typically worked at least 57 hours each week at the restaurant from February 2014 to December 2018. The man claims that regardless of how many hours he put in each day, he was paid a flat rate of $60 that failed to account for proper overtime and spread-of-hours pay. Moreover, in potential violation of New York law, the suit says the plaintiff was never notified of the tip credit to be taken against his wages, meaning the defendants should have paid the man at least the full minimum wage. Lastly, the plaintiff alleges he is owed reimbursement for delivery expenses, including $15 spent each day on gas and $300 for annual car maintenance.