Ex-Delivery Drivers Sue Eva’s Kitchen Over Improper Wage Allegations

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New York City eatery Eva’s Kitchen is facing a proposed collective action filed by three former employees who allege they were deprived of proper minimum and overtime wages.

The suit—which also names six individual owners and managers as defendants—claims the plaintiffs were ostensibly employed as delivery workers but spent over 20 percent of each workday preparing food and cleaning the restaurant. The case argues the defendants were not entitled to take a tip credit against the plaintiffs’ wages because the workers spent a significant part of each day performing the aforementioned non-tipped duties. The lawsuit further points out that a portion of the plaintiffs’ tips was unlawfully withheld to cover the costs of “Uber transportation and to give some compensation to the kitchen workers.”

The suit goes on to allege that the employees were “habitually required” to work beyond their scheduled shifts without additional pay. The plaintiffs claim their wages were subject to further deductions when they were required to pay out of pocket for bicycles, helmets, raincoats and other work equipment.