The owners and operators of New York City’s Hummus Kitchen have been accused in a proposed collective action of underpaying their delivery workers. The plaintiff in the case claims he was ostensibly employed by the Mediterranean restaurant as a delivery worker but spent a considerable amount of time – at least 20 percent of each workday – performing non-tipped duties, such as cleaning, taking out the trash, and restocking. The man was allegedly paid a lowered tip-credited rate, but the case argues that the defendants were not permitted to apply a tip credit to his wages because, on top of requiring him to spend time on non-tipped work, they supposedly withheld a portion of his tips each day.
The man alleges that he should have been paid the full minimum wage, plus premium pay for his overtime hours and the hours he worked over 10 each day.
Furthermore, the case claims the plaintiff wasn’t provided with accurate wage statements and was never reimbursed for purchasing “tools of the trade” such as bicycles, maintenance services, lights, a lock and chain, helmets, raincoats, shoes, shirts.