A proposed collective action has been filed against two operating companies who run The Hummus & Pita Co., Hupico LLC, and four individuals over claims that they violated state and federal labor laws. The two plaintiffs in the case say they were employed as a cook and a delivery driver, respectively, and were not paid proper wages.
Specifically, the former cook claims to have been paid a fixed weekly salary of $750 for working approximately 72 hours per week. He says he is owed minimum and overtime wages for those hours, as well as spread-of-hours wages for the shifts he worked that lasted longer than 10 hours.
In addition to the above claims, the former delivery driver argues that the defendants illegally took a tip credit on his wages even though he spent more than 20 percent of his day performing non-tipped duties and never received prior notice. According to the lawsuit, the defendants withheld all of his non-cash tips and “gave [them] to the cook.”
Both plaintiffs also claim they were not provided with proper wage documents and were forced to purchase “tools of the trade” without being compensated.