The owners and operators of Lucky Star Café have been named as defendants in a proposed collective action detailing possible violations of state and federal labor laws. The plaintiff in the case, a former delivery worker, says he would frequently work at least 60.25 hours per week for a below-minimum hourly wage to which the defendants applied a tip credit. The man claims his employers were not entitled to a tip credit because they never provided him with proper notice that tips would be included “as an offset for wages,” not to mention that he supposedly spent more than 20 percent of each shift performing non-tipped duties unrelated to his delivery work. Furthermore, the plaintiff argues that he was entitled to time-and-a-half pay for overtime hours and spread-of-hours wages any hours he worked beyond 10 each day.
The lawsuit further claims the defendants made unlawful deductions from the plaintiff’s wages by reducing his recorded hours, tracked in a notebook, by 30 minutes if he “arrived a few minutes late” or an hour if he was more than 30 minutes late. On top of that, the defendants supposedly withheld $200 from the man for “not giving at least one week’s notice prior to leaving the café for an extended period of time.”
The case also argues that the man never received accurate paystubs and wasn’t reimbursed for expenses associated with performing his job, such as the cost of a bicycle, maintenance services, and a helmet.