Manhattan Eatery Namaste Facing Ex-Delivery Worker’s Wage and Hour Suit

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Namaste and its owners are on the receiving end of a proposed collective action filed by a former employee of the Manhattan Indian restaurant who claims an improper tip credit was applied to his wages.

Despite being ostensibly employed as a delivery worker, the plaintiff alleges he spent over 20 percent of each shift washing dishes, among other non-tipped duties. Nevertheless, the suit says the man was paid below the minimum wage, and even the required tip-credit rate, for each hour of work, as he was given a fixed weekly salary of $350 and worked between 55 and 58 hours each week. The plaintiff further charges he received no compensation at all for nine days of work.

The case goes on to claim that the man was not granted uninterrupted meal periods, as he was required to eat while working and “was not even allowed to take over 2-minute breaks to go to the bathroom.”

Lastly, the complaint adds that the worker’s wages were further reduced due to unreimbursed business expenses, including the cost of two bicycles, a vest and a helmet that the plaintiff had to purchase for the job.