Atlantic Bagels LLC, which does business as Atlantic Bagels Café, is the defendant in a proposed collective action out of New York that alleges wage and hour violations. The suit was filed by a former delivery driver, employed by the defendant from June 2017 to June 2018, who claims he was deprived of lawful minimum wages and overtime compensation.
The plaintiff claims that he was paid at a rate of $5.00 per hour with no overtime compensation regardless of the number of hours worked. He further alleges that, in violation of New York Labor Law (NYLL), he never received a wage notice at his time of hire, didn’t receive paystubs for each payday, and was deprived of lawful “spread-of-hours” pay.
The plaintiff also accuses the defendant of failing to reimburse him for the “tools of the trade” he had to acquire to make deliveries. The lawsuit claims the plaintiff spent $300 to purchase a bicycle. Afterwards, the defendants allegedly requested that the plaintiff purchase an electronic bicycle to make deliveries faster, which cost $1,550 and another $80 per month to maintain. Under the Fair Labor Standards Act (FLSA), employees are entitled to reimbursement for money spent purchasing “tools of the trade,” the lawsuit says.
The suit seeks to recover unpaid wages and damages pursuant to the FLSA and NYLL.