New York City restaurant Georgia’s Eastside BBQ and its two owners are on the receiving end of a proposed collective action filed by a former tipped delivery worker who claims he was not paid proper wages. The plaintiff says that while he was paid at a lower tip-credited hourly rate, he was required by the defendants to spend more than 20 percent of his workday performing non-tipped tasks around the restaurant. The suit alleges that under state and federal labor laws, the defendants were not entitled to apply a tip credit to the plaintiff’s hourly pay and should have paid him full minimum and time-and-a-half overtime wages.
According to the case, the plaintiff worked for the defendants from May 2010 through December 2015, and again from around July 2016 through April 2018. The man claims that during his first tenure with the defendants, he put in 54 to 55.5 hours per week. During his second stint, the man reportedly worked 54 to 60 hours per week for cash wages that did not vary based on the number of hours worked.