A New York man has filed a proposed collective action against the operating companies of four Manhattan-based restaurants and two individuals claiming they violated several provisions of the Fair Labor Standards Act (FLSA) and New York state law. According to the lawsuit, the plaintiff was employed at La Carbonara Restaurant, Serenata, Limon Jungle, and Intermezzo. He claims he worked over 40 hours per week as a delivery driver, but was not paid proper minimum, overtime, or spread of hours wages. The complaint alleges that the plaintiff spent more than 20% of each workday performing non-tipped duties and was therefore entitled to the full minimum wage instead of the tip-credited rate – which, he notes, the defendants also failed to pay. He further argues that he should have received time-and-a-half overtime wages for the hours he worked in excess of 40 each week and that the defendants owe him an extra hour’s pay for each shift lasting longer than 10 hours.
The suit further alleges that the defendants failed to keep an accurate record of the plaintiff’s hours worked, provide accurate wage statements, and allow for proper rest breaks.